February/March 2007 Volume 54, Number 5
Pro Bono Attorneys Hold the Key to Justice Pro Bono Programs... Volunteer Opportunities... Government Attorneys... Law Schools... Call Center... Pro Bono Honor Rolls Also Inside: LBF Annual Report Legier & Materne CB-haystack 9/8/04 11:55 AM Page 1
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Departments Features President’s Message ...... 318 We Do Pro Bono Work Because Pro Bono Attorneys Hold the Key to Justice We Believe in Justice By Marta-Ann Schnabel Commentary: Maintaining Momentum ...... 320 By Monte T. Mollere and Law and Civic Education ...... 356 Stephanie McLaughlin Education is the Key By Val P. Exnicios Models for Organized Pro Bono Programs ...... 324 Focus on the Bar ...... 358 By Sarah J. Campbell and Fastcase Joseph R. Oelkers III By Katherine Tonnas Pro Bono Projects ...... 326 By Rebecca S. Myhand, Debbie Smith, Lawyers Helping Lawyers ..... 359 Tammy D. DeRouen, Rachel Piercey and Proposed Ad Rules Ruth F. Moore By Richard P. Lemmler, Jr. ProBono.Net/LA ...... 331 Focus on Professionalism ...... 360 By Jerald L. White Let’s Lighten Up! By E. Phelps Gay Government Attorneys Provide Pro Bono Publico Assistance ...... 332 By Sachida R. Raman, Sheral C. Kellar, YLS Chair’s Message ...... 374 Lisa Woodruff-White and David E. Marquette Pro Bono Opportunities By Mark E. Morice Cover Photos (top to bottom) Emergency Pro Bono Civil Legal Assistance Rule ...... 335 1) Judge Jay C. Zainey, right, addressed law By Mark A. Moreau Lucid Intervals ...... 396 students from the University of North Carolina Flying Solo on their first visit to assist The Pro Bono Project By Vincent P. Fornias (New Orleans). 2) Several attorneys were rec- Law Schools: Taking Pro ognized during the Lafayette Parish Bar Bono Services Seriously ...... 336 Foundation’s Champions of Justice Breakfast By Annie LeBlanc, John M. Church, Also Inside . . . for their extraordinary pro bono efforts in 2005. William P. Quigley, John K. Pierre and 3) Northwest Louisiana Pro Bono Project attor- Julie H. Jackson Member Services ...... 317 ney volunteer Fiona York at Operation Stand LSBA Staff ...... 345 Down. 4) Judge Melvin Shortess (Ret.) rang a Disaster Legal Assistance Call Association Actions ...... 350 cowbell to attract attention to the Baton Rouge Center Still Available ...... 340 Recent Developments ...... 362 Bar Foundation Pro Bono Project’s Lawyers By Elizabeth Erny Foote Judicial Notes ...... 377 Work for Food pro bono case drive and jambalaya lunch. 5) Disaster Legal Assistance People ...... 378 2006 Pro Bono Honor Rolls ...... 342 Call Center Director Gabrielle Jones, standing, Client Assistance Fund...... 381 HowDo I Get Involved and student worker Ingrid James. in Pro Bono? ...... 325-333 Discipline Reports ...... 383 Classified ...... 385 Photos 1-4 provided by the agencies. Photo 5 by News ...... 388 Ross Foote. LBF Annual Report Cover design by Tootie Martin Follows page 352
Louisiana Bar Journal Vol. 54, No. 5 311 Officers 2006-07 President Marta-Ann Schnabel • (504)799-4200 Editorial Board President-Elect S. Guy deLaup • (504)838-8777 Secretary Editor Shannan L. Hicks E. Wade Shows (318)222-6565 ® E. Wade Shows • (225)346-1461 Treasurer (225)346-1461 Margaret E. Judice James R. Nieset • (337)436-0522 (337)828-1880 Immediate Past President Managing Editor Lawrence E. Marino Frank X. Neuner, Jr. • (337)237-7000 Darlene M. LaBranche (337)233-1100 (504)619-0112 Judge Mark D. Plaisance Board of Governors 2006-07 (225)775-5297 First District Board Members Gail S. Stephenson Patricia A. Krebs • (504)582-3800 Beth E. Abramson (225)771-4900, ext. 267 Ronald J. Sholes • (504)585-0479 (504)586-1200 Lucie E. Thornton Second District Judge Robert J. Burns (504)836-2220 Joseph A. Conino • (504)834-9010 (504)779-5703 Katherine Tonnas John S. “Chip” Coulter (504)289-0618 Third District (225)382-3183 Edward J. Walters, Jr. Steven G. “Buzz” Durio • (337)233-0300 Craig M. Freeman (225)766-1100 Fourth District (225)578-7381 Walter M. Sanchez • (337)436-8401 Fifth District Celia R. Cangelosi • (225)387-0511 Sixth District The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly in the W. Jay Luneau • (318)767-1161 months of February/March, April/May, June/July, August/September, Octo- Seventh District ber/November and December/January by the Louisiana State Bar Associa- Carrick B. Inabnett • (318)376-4422 tion, 601 St. Charles Avenue, New Orleans, Louisiana 70130. Telephone: Eighth District (504)566-1600. Periodicals postage paid at New Orleans, Louisiana and Donald R. Miller • (318)222-9417 additional offices. Annual subscription rate for members is $5, which is Chair, Young Lawyers Section included in the dues; and for nonmembers, $45 (domestic) and $55 (foreign). Mark E. Morice • (504)366-1641 Canada Agreement No. 40843510. Canada return address, Station A P.O. At-Large Members Box 54, Windsor, Ontario N9A 6J5. E-mail [email protected]. Paula Hartley Clayton • (225)344-7000 Postmaster: Send change of address to: Louisiana State Bar Journal, 601 Shannan L. Hicks • (318)213-8300 St. Charles Avenue, New Orleans, Louisiana 70130. Kelly M. Legier • (504)310-4088 Publication of any advertisement shall not be considered an endorsement of LSU Paul M. Hebert Law Center the product or service involved. Manuscripts are welcome and preparation John M. Church • (225)578-8701 instructions may be obtained on request. The right is reserved to select Tulane Law School materials to be published. Material accepted for publication becomes the Raymond T. Diamond • (504)865-5962 property of the Louisiana State Bar Association. Louisiana State Law Institute Statements or expressions of opinion appearing herein are those of the Joseph W. Mengis • (225)767-7730 authors and not necessarily those of the Association, Journal or editors. House of Delegates Liaison Chair Copyright 2007, by Louisiana State Bar Association. J. Christopher Peters • (318)992-7693
Editorial Staff Editor Luminary Award E. Wade Shows 2003 Executive Director National Association Loretta Larsen, CAE of Bar Executives Communications Director Communications Section Brooke Monaco Excellence in Regular Publications Coordinator/Managing Editor Publications Darlene M. LaBranche Communications Assistant INTERNATIONAL ASSOCIATION OF Krystal Bellanger BUSINESS PUBLIC RELATIONS SOCIETY COMMUNICATORS OF AMERICA Advertising Questions? NEW ORLEANS Display/Germaine Tarver (504)619-0117 NEW ORLEANS CHAPTER CHAPTER Classifieds/Krystal Bellanger (504)619-0131 AWARD OF BRONZE QUILL AWARD OF MERIT
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Louisiana Bar Journal Vol. 54, No. 5 313 2007 Midyear Meeting Sponsors Acknowledged
The Louisiana State Bar Association would like to acknowledge The Louisiana State Bar Association our generous sponsors for their support of the 50-, 60- and 70- Year Members’ Reception. would like to thank
Gold Level Sponsors
Adams and Reese, L.L.P. Brittain & Sylvester Buchler & Buchler for its generous support of the House of Christovich & Kearney, L.L.P. Coleman, Johnson, Artiques & Jurisich, L.L.C. Delegates Midyear Meeting 2007. Cook, Yancey, King & Galloway, A.P.L.C. Deutsch, Kerrigan & Stiles, L.L.P. Domengeaux Wright Roy & Edwards, L.L.C. Hayes, Harkey, Smith & Cascio, L.L.P. The Young Lawyers Section would like to Heller, Draper, Hayden, Patrick & Horn, L.L.C. thank Konica Minolta Business Solutions Pavy & Boudreaux Sanders & Sanders U.S.A., Inc. for printing the Professional Simon, Peragine, Smith & Redfearn, L.L.P. Development Seminar Manual. The Steeg Law Firm, L.LC. Stockwell, Sievert, Viccellio, Clements & Shaddock, L.L.P.
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Louisiana Bar Journal Vol. 54, No. 5 315 Hot Off the Press! Louisiana Professional Responsibility Law and Practice 2007
Incorporates all revisions to the Louisiana Rules of Professional Conduct adopted by the Louisiana Supreme Court through 2006.
Contains in-depth annotations with Louisiana case law discussing, applying and interpreting the Louisiana Rules of Professional Conduct.
Includes extensive cross-references to the American Law Institute Restatement of the Law Governing Lawyers (2000).
Comprehensively indexed to guide practitioners to rules relevant to hundreds of professional responsibility topics.
Reprints selected LSBA and ABA professionalism guidelines and litigation-conduct standards.
Edited and annotated by Dane S. Ciolino, Alvin R. Christovich Distinguished Professor of Law, Loyola Law School.
ISBN 0-9707819-4-6
The book includes: • Louisiana Rules of Professional Conduct (2006), Listed by Article • Disciplinary Information • Professionalism and Civility
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316 February / March 2007 MEMBER Services TOTAL LSBA MEMBERS: 20,200
Louisiana Hotels Shreveport Clarion Shreveport Louisiana State Bar Association The following hotels have Hotel 601 St. Charles Ave. • New Orleans, La. 70130 agreed to corporate discount (318)797-9900 rates for LSBA members. Call (504)566-1600 • (800)421-LSBA Nationwide WATS line/members only the hotel for the current dis- Fax (504)566-0930 • Web site: www.LSBA.org counted rates. When making reservations, you must identify Chain Hotels yourself as an LSBA member. The following national ho- Programs New Orleans tel chains have agreed to For information about these LSBA programs, contact the Bar Office by Hotel InterContinental corporate discount rates calling (504)566-1600 or (800)421-LSBA. (504)525-5566 for LSBA members. Call Wyndham Canal Place for the current discounted Alternative Dispute Resolution Program (504)566-7006 rates. Client Assistance Fund Pontchartrain Continuing Legal Education Program (800)777-6193 Holiday Inn (800)HOLIDAY Ethics Advisory Service Royal Sonesta Hotel (504)553-2345 Use ID No. 100381739 Lawyers’ Substance Abuse Hotline • (800)354-9334 • (504)868-4826 for reservations. “W” Hotel Legal Specialization Program French Quarter La Quinta (866)725-1661 Loss Prevention Counsel Johanna G. Averill, Carol M. Rider, Elizabeth (504)581-1200 www.lq.com Rate Code: LABAR L. Voss, Cynthia O. Butera and Lindsey M. Ladouceur 333 Poydras St. (800)GILSBAR (504)525-9444 Whitney Wyndham (504)581-4222 Car Rental Programs Publications Loews New Orleans Hotel (504)595-5370 Louisiana Bar Journal The following car agencies have agreed to discount “Bar Briefs” Baton Rouge rates for LSBA members. Louisiana Bar Today (online newsletter) Holiday Inn Select (225)925-2244 Avis Online Services Sheraton Hotel & Discount No. A536100 Convention Center (800)331-1212 Louisiana Bar Today Opinion Service (225)242-2600 Hertz Membership Directory Marriott Discount No. 277795 (225)924-5000 Fastcase (free online legal research) (800)654-2210 Richmond Suites Hotel (225)924-6500 Young Lawyers Section Hilton Capitol Center (800)955-6962 Bridging the Gap Other Vendors Mentor Program Lafayette The following vendors have Young Lawyers’ Directory Hotel Acadiana agreed to discount rates for (800)826-8386 LSBA members. (337)233-8120 Insurance through Gilsbar Use VIP No. 71 when ABA Members Group Insurance making your reservations. Retirement Program Major Medical Hilton Garden Inn (800)826-8901 Lafayette/Cajundome Lexis/Mead Data Central Disability (337)291-1977 (800)356-6548 Malpractice Bank of America (800)GILSBAR • (504)529-3505 • See inside back cover Lake Charles (800)441-7048 Best Western United Parcel Service Richmond Suites (800)325-7000 (337)433-5213
Louisiana Bar Journal Vol. 54, No. 5 317 P R E S I D E N T’S M E S S A G E
We Do Pro Bono Work
Because We Believe in Justice By Marta-Ann Schnabel
ne of the best programs the Loui- ner or adhere to my own sense of propri- siana State Bar Association ety? How much of a conflict can there be O(LSBA) sponsors is for first-year if I really want/need the client? Is it law students and is presented during their possible to bill 18 hours a day and only first week at law school. Originated dur- work 12 hours? ing Phelps Gay’s presidency, and per- Then the big question: “Why do law- petuated by the hard work of the Profes- yers do pro bono work?” sionalism and Quality of Life Commit- And the answer offered by two out of tee, the Law School Professionalism Ori- three seasoned lawyer/discussion lead- entation Program is virtually as popular ers? “Because the Rules of Professional with practicing lawyers as it is with the Conduct tell us to!” Often this was fol- new students. Each year, scads of sea- lowed by a little shrug. Occasionally, soned lawyers volunteer their time to someone would say, “It’s part of our spend a number of hours with the newbies Professional Responsibility.” In one so as to introduce them to the profession. room, a portion of RPC 6.1 was read It’s fun and rewarding for the veterans aloud: “Every lawyer should aspire to and of immeasurable help to the students. provide legal services to those unable to This year, I had the privilege of at- pay. A lawyer should aspire to render at tending the orientations at three of the least 50 hours of pro bono publico legal four in-state law schools. Although each Professionalism and Quality of Life Commit- services a year.” school’s approach to this educational tee Vice Chair Barry Grodsky and LSBA Each time we entered a room where event differs a bit, the general format President Marta-Ann Schnabel. the discussion turned to pro bono ser- Photo by John H. Williams Photography involves a joint session of all the first- vice, Keeper Grodsky — exceptionally year students, faculty and lawyer volun- devoted to his appointed mission — teers at which the law school dean, a would point at his watch, assume an Supreme Court justice and a representa- of hours later, the whole group reunites urgent expression, and lead me back into tive of the LSBA speak about the awe- for a reception. the hallway. some privilege and responsibility inher- Apparently concluding that my pres- Then disaster struck. As we entered ent in becoming a lawyer. Gone, by the ence in any one room would be disrup- one of the small-group rooms, a student way, is the speech wherein the dean says, tive, I was asked to “audit” the small- offered the following comment: “If I “Look to your left and right. One amongst group discussions. “Audit,” I have since owned a hardware store, I would not even you will not see graduation day.” Law learned, is a code word for “don’t let her consider sending one of my employees schools now prefer a more upbeat ap- stay too long.” Thus, my keeper, Barry down the street to work for 50 hours on proach, not unlike the promoters of Hedge Grodsky, and I trekked from room to my nickel at another hardware store. Why Funds. room and witnessed what is best de- would there be a rule telling a lawyer that The result is a generally enthusiastic scribed as “baby lawyer’s first steps.” he should aspire to do such a thing? I and lively set of freshmen (hundreds of Armed with no more than their personal mean, charity is good and all, but busi- them at each school, I might add) who sensibilities, these students began the ness is business.” rather eagerly disperse into smaller class- process of grappling with the kinds of Now, I think it probably wise to di- rooms to engage in a dialogue with their professional challenges few of us sea- gress here for a moment, as there are elders. The elders, themselves divided soned folk have yet mastered. Where is those who will read this column and into sets of four or five, use a series of the line between polite conduct and zeal- conclude that I have invented this story hypothetical problems prepared by the ous advocacy? What obligation is owed — that, indeed, there was no student who Professionalism and Quality of Life Com- to the system of justice rather than the made such a comment. Those readers are mittee as the basis of discussion. A couple client? Should I listen to the senior part- likely to believe that I invented the whole
318 February / March 2007 soliloquy in order to flesh out this little As you read through this issue of the system and holds the key to access it. We parable. They, by the way, are the same Journal devoted to pro bono work, be do pro bono work because we respect people who do not believe that I was ever reminded that you did not go to law and honor the people who have put their cross-examined by Professor Dane school to become a purveyor of hard- trust in us to open the gate for them. We Ciolino, as reported in this column in the ware. Even as you struggle to make a do pro bono work as partial repayment December 2006/January 2007 issue. But profit after overhead, pay back your stu- for the opportunities made available to they are wrong on both counts. The LSBA dent loans, be in three courtrooms at us. We do pro bono work to assure that presidency seems to invite a succession once, keep the client happy, or elude the the democratic society in which we be- of truly surreal experiences. senior partner, remember that your law lieve and upon which our livelihood de- At any rate, even the formidable degree empowered you with a great deal pends continues to survive. Keeper Grodsky felt compelled to run for of knowledge, the opportunity to make a We do pro bono work because we cover as I exploded the “law practice as good living, and more than a little insight believe in justice. a hardware store” model. And I suspect into the inner workings of a democratic that this is the very last time the Profes- society. sionalism and Quality of Life Committee Some days it would be nice to be just will invite me to participate in anything about business, but the privilege of being — much less spend time around impres- a lawyer encompasses a great deal more. sionable young law students. A lawyer stands at the gate of the court
SOLACE / Support of Lawyers/Legal Personnel All Concern Encouraged
The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic events. For assistance, contact a coordinator.
Area Coordinator Phone E-mail
Alexandria Area Elizabeth Erny Foote (318)445-4480 [email protected] Baton Rouge Area Ann G. Scarle (225)214-5563 [email protected] Covington/Mandeville Area Suzanne E. Bayle (504)524-3781 [email protected] Denham Springs Area Mary E. Heck Barrios (225)664-9508 [email protected] Houma/Thibodaux Area Danna Schwab (985)868-1342 [email protected] Jefferson Parish Area Pat M. Franz (504)455-1986 [email protected] Lafayette Area Susan Holliday (337)237-4700 [email protected] Lake Charles Area Joel Lutz (337)433-0022 [email protected] Monroe Area Daniel J. Ellender (318)647-3311 [email protected] Natchitoches Area Peyton Cunningham, Jr. (318)352-6314 [email protected] (318)481-5815 New Orleans Area Helena N. Henderson (504)525-7453 [email protected] Opelousas/Ville Platte/Sunset Area John L. Olivier (337)662-5242 [email protected] (337)942-9836 (337)232-0874 Shreveport Area Patti Guin (318)222-3643 [email protected]
For more information, go to: www.lsba.org/committees/cac-solace.asp.
Louisiana Bar Journal Vol. 54, No. 5 319 Commentary:
By Monte T. Mollere and Stephanie McLaughlin
Translated literally, pro bono publico means “for the public good.” For many attorneys, the phrase also has come to mean the hours they donate doing legal work without the expectation of being Tpaid. Louisiana’s aspirational Rule 6.1 of the Rules of Professional Conduct addresses the issue of pro bono: “Every lawyer should aspire to render at least 50 hours of pro bono publico hours per year.”1 Louisiana attorneys have many opportunities to meet, and exceed, these goals. The most recent United States census showed there are more than 850,000 people living below the poverty line in Louisiana. This means that more than 850,000 people in Louisiana earn $9,570 or less a year. These citizens are often faced with incredible decisions regard- ing the basic needs of life — sometimes as basic as whether to pay the electric bill or feed their family. Their lives become even more complicated when they are (Top to bottom) 1) Judge Jay C. Zainey, right, addressed law students from the University of North Carolina faced with legal issues and have no place on their first visit to assist The Pro Bono Project (New Orleans). to turn. 2) Several attorneys were recognized during the Lafayette Parish Bar Foundation’s For many of these people, pro bono Champions of Justice Breakfast for their extraordinary pro bono efforts in 2005. legal assistance may mean the difference 3) Northwest Louisiana Pro Bono Project attorney volunteer Fiona York between a quick and satisfactory resolu- at Operation Stand Down. 4) Judge Melvin Shortess (Ret.) rang a cowbell to attract attention to the Baton Rouge Bar tion to a possibly life-altering matter or a Foundation Pro Bono Project’s Lawyers Work for Food pro bono case drive and lunch. long, unnecessarily drawn-out legal pro- 5) Disaster Legal Assistance Call Center Director Gabrielle Jones, standing, cess that also can drain resources from and student worker Ingrid James. the legal system on the whole. Often these life-altering matters can be resolved Photos 1-4 provided by the agencies. Photo 5 by Ross Foote. with legal advice, a quick phone call by
320 February / March 2007 Pro Bono Attorneys Hold the Key to Justice
Maintaining Momentum an attorney or the filing of a petition. tum during this time be over. While many a case, if courts made scheduling prefer- Without this help, the legal problems of people are still unsure of what their fu- ences for pro bono appearances, and if these citizens often snowball and create tures hold, Louisiana’s justice commu- employers and bar associations gave more more disruption in the families’ lives. nity is reaching out to provide answers to recognition for volunteer efforts.”3 The importance of providing pro bono questions people still have and provide Little do these attorneys know that legal assistance becomes apparent in these help when it is needed. Many of our these efforts have been underway for situations. citizens are still in need of assistance in some time now, both here in Louisiana While Louisiana’s nonprofit, civil le- dealing with legal issues surrounding and across the country. There are pro gal service providers handle as many moving back to Louisiana, child custody bono organizations in every major city in cases as possible, there is approximately issues that have become much more dif- Louisiana. Many of these organizations one attorney for every 7,000 people need- ficult because one parent relocated out- are responsible for smaller, less-popu- ing their services. It is painfully obvious of-state, FEMA recoupment difficulties, lated parishes as well, giving them more that, while legal services attorneys work property issues and much more. clients but fewer volunteer resources since extremely hard at what they do, more While Louisiana’s pro bono organi- attorneys oftentimes tend to be concen- help is desired and necessary. zations gained momentum, it is impera- trated in more metropolitan areas. When Hurricanes Katrina and Rita tive that we keep up the pace and stan- All of the pro bono organizations in ripped through Louisiana, many attor- dards set after the storms. This means the state have training systems in place neys here stepped up to face the chal- recruiting attorneys new to pro bono and for their volunteers. In many instances, lenge head-on. While many were dealing retaining attorneys who either currently the pro bono programs will offer free or with their own personal difficulties, they volunteer or have done so in the past. To reduced-fee training, including those cov- still found time and energy to provide do this, we must look at current trends in etous CLE credits, as long as participants volunteer pro bono hours or to coordi- pro bono, both from across the country as nate measures to help victims of the well as in Louisiana. storms. Attorneys in areas that were not Attorneys give many reasons for not Louisiana Pro Bono necessarily affected by the storms jumped volunteering for pro bono service. In Hours by Board District in to assist those who were victims of the 2005, the American Bar Association storms and/or those who were displaced. (ABA) published a study on pro bono in Board Average Even attorneys from outside Louisiana the United States.2 Though the study was District # of Hours offered their assistance — if they were performed with a representative sam- 1 74.5 unable to procure pro hac vice status, pling from across the United States, we 2 69.4 they still volunteered doing what they can assume that responses from Louisi- 3 60.3 could, when and where they could. ana would have been similar. In the study, 4 112.0 Though it has been almost a year and attorneys said they would be more will- 5 65.6 a half since Katrina and Rita devastated ing to volunteer if “a wide range of vol- 6 79.4 portions of the state, many of the legal unteer opportunities were available to 7 87.1 problems and issues brought on by the them, if they were offered free training 8 54.5 storms are not over and neither should and CLE credit for services performed, if Source: 2006 LSBA Voluntary Pro Bono the pro bono effort that gained momen- they were encouraged by a judge to take Reporting Forms
Louisiana Bar Journal Vol. 54, No. 5 321 agree to accept a case. CLE training programs are not easy to coordinate, and Louisiana Pro Bono Hours Louisiana Pro Bono Hours it is discouraging when attorneys attend by Years of Practice by Law School and promise to take cases but never do. All levels of the judiciary are begin- Years of Practice # of Hours Average # of ning to take notice of pro bono activities in 2006 Hours in 2006 in Louisiana. Pro bono is more often 50+ 81.2 Loyola 61 becoming mentioned at judges’ confer- 41-50 87.8 LSU 63 ences and many judges are taking it upon 31-40 87.1 Southern 92 themselves to encourage attorneys to 21-30 66.3 Tulane 68 perform pro bono hours. It can be of 11-20 71.5 Other 73 tremendous help if judges schedule their Under 10 57.5 Source: 2006 LSBA Voluntary Pro Bono dockets in such a way as to make a pro Source: 2006 LSBA Voluntary Pro Bono Reporting Forms bono volunteer’s court appearance less Reporting Forms time-consuming, and thus less costly. Some courts allow pro bono attorneys’ cases to be placed first on dockets. an attorney will volunteer is if he/she Louisiana Pro Bono Hours Attorneys said they would be more feels the desire to do so. That desire is not by Gender willing to volunteer if their employers something that can be forced or fabri- Average # of and bar associations gave more recogni- cated. The future of pro bono in Louisi- Hours in 2006 tion for volunteer efforts. Many employ- ana depends on you, the Louisiana attor- Male 70 ers encourage pro bono activities and ney. Opportunities for pro bono are abun- Female 67 find that pro bono work can be educa- dant; one just has to have the desire to be tional for new attorneys and a connection involved. Source: 2006 LSBA Voluntary Pro Bono with the realities of the poor for the more The future of pro bono in Louisiana Reporting Forms experienced. The most “forward-think- looks bright — more attorneys than ever ing” employers recognize each attorney’s before are realizing that any effort they FOOTNOTES pro bono commitment and allow pro bono give can make a big difference in volunteer hours to be considered billable someone’s life. The state’s law schools 1. LA R. Prof. Conduct 6.1 (2005). 2. American Bar Association, The ABA hours. are encouraging their students to get in- Standing Committee on Pro Bono and Public Additionally, the Louisiana State Bar volved and active members of the LSBA Service, Supporting Justice: A Report on the Association (LSBA) and many local bar are recruiting peers to help out where Pro Bono Work of America’s Lawyers, August associations believe in recognizing pro they can. However, we must keep pro 2005, available at http://www.abanet.org/ bono service. Local bars and pro bono bono issues and efforts at the forefront of legalservices/probono/report.pdf (last visited Dec. 5, 2006). organizations distribute numerous awards Louisiana’s legal community to ensure 3. Id. at 19. to their volunteers and the LSBA pre- that everyone gets involved. 4. Id. sents five types of pro bono awards to Statistics gathered from 2006 LSBA attorneys and law students from around Voluntary Pro Bono Reporting Forms the state for their dedication to pro bono. show the average number of pro bono ABOUT THE AUTHORS “Recognizing pro bono” is why this issue hours served by LSBA Board District, by Monte T. Mollere is the is in your hands today, and why it in- law school, by gender and by years of Louisiana State Bar Asso- cludes a list of your peers from around practice (see page 321 and this page). ciation’s Access to Justice the state who have made the decision to Articles in this special issue cover the director. (601 St. Charles Ave., make a difference and have volunteered pro bono work being done by organized New Orleans, LA 70130) with their local pro bono organization. pro bono programs, government attor- Just as important as the reasons attor- neys and law schools. There is an update neys don’t volunteer are the reasons that on the Legal Assistance Call Center, now Stephanie McLaughlin is the attorneys do volunteer. In the same ABA in operation for 18 months. Don’t miss statewide training coor- dinator for the LSBA’s Access report, attorneys mentioned that the main the list of pro bono opportunities in the to Justice Program. (601 St. reason they volunteer is the personal sat- state, as well as recognition of attorneys Charles Ave., New Orleans, LA isfaction they receive from actually put- who have many pro bono hours to their 70130) ting in the time.4 In the end, the only way credit.
322 February / March 2007 LostLost in in the the shuffle? shuffle?
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Louisiana Bar Journal Vol. 54, No. 5 323 Pro Bono Attorneys Hold the Key to Justice
One Focus in Many Hands Models for Organized Pro Bono Programs
By Sarah J. Campbell and Joseph R. Oelkers III
Opportunities to get involved in pro bono McElligott serves as chair of the Founda- Legal Services of North Louisiana in its work in Louisiana have greatly expanded tion and oversight is the responsibility of offices in Shreveport, Natchitoches and over the past 25 years with the creation a committee chaired by Dave Ernest. Monroe. and operation of organized pro bono Tammy DeRouen, LVL coordinator, said Another model is utilized by the Cen- programs. While there will always be an the Foundation, through partnerships with tral Louisiana Pro Bono Project, Inc., Ooption for Louisiana lawyers to select organizations such as the Acadiana Out- governed by a board of directors under pro bono clients during their day-to-day reach, the Faith House and Acadiana the sponsorship of the Alexandria Young practices, the operation of organized pro Legal Service Corp., expands the avail- Lawyers Division. Debbie Smith, coor- bono programs provides the practitioner ability of civil legal assistance in Lafayette dinator for the Project, said the attorneys with a valuable resource to expand ac- Parish. The Baton Rouge Bar Founda- who volunteer to accept cases recognize cess to justice through an organized re- tion Pro Bono Project is coordinated the importance of the services in light of ferral of pro bono cases. This allows an with the Baton Rouge Bar Association the high poverty rate spread out in small organization to screen the potential pro and operates from the bar offices. towns and rural areas in the service area. bono case for financial resources and, A variation on the local bar associa- Yet another variation is the free-stand- frequently, for merit, leaving the pro bono tion-sponsored model involves a pro bono ing pro bono program. The Pro Bono attorney more time to provide direct le- operation which functions “in-house” in Project, formerly the New Orleans Pro gal assistance. a program providing full-time civil legal Bono Project, now serves five parishes in Not all pro bono programs are alike. assistance to the poor. This model is the New Orleans area. It is incorporated This article will explore some of the utilized in the Lake Charles area by the as a 501(c)(3) organization and main- different organizational structures now Southwest Louisiana Bar Association Pro tains affiliations with local bar associa- being utilized to facilitate pro bono ser- Bono Program. The program is staffed tions in the service area but has its own vice in Louisiana. in-house at Acadiana Legal Service Corp. 15-member governing body, including Several pro bono programs in Louisi- and Southwest Louisiana Legal Services representatives of solo, corporate, large ana are sponsored by local bar organiza- Society, Inc., utilizing personnel of those firm and in-house counsel representa- tions. In Lafayette, the Lafayette Volun- organizations to coordinate pro bono case tives of the legal community, the judi- teer Lawyers (LVL) is sponsored by the referral and follow-up. Pro bono efforts ciary and private businesses. The board Lafayette Parish Bar Foundation and also are provided to 26 parishes of north also includes six ex-officio positions rep- operates from the bar offices. Jack Louisiana through in-house efforts at resenting the immediate past chair, the
324 February / March 2007 executive director and others. Incoming “The internship program provides a Board Chair A. Wendel Stout began his unique opportunity for both the students How Do I Get term in January. As with any pro bono involved in the provision of legal ser- program, The Pro Bono Project relies on vices to the poor and the private attor- Involved its panel of attorney volunteers but also neys who supervise them.” The law school on a staff attorney to coordinate its home- also provides a loan forgiveness program in Pro Bono? less and succession program. Post- for alumni involved in public interest Katrina, three additional full-time attor- employment. Tulane Law School and Complete the Access to Justice neys are working with The Pro Bono Southern University Law Center also have Volunteer Form under the Access Project to assist in Katrina-related issues law clinics, with Tulane also having a to Justice Committee listing and needs. Rachel Piercey, longtime ex- loan forgiveness program. Louisiana State on the Louisiana State Bar ecutive director, said, “The Pro Bono University Paul M. Hebert Law Center Association’s Web site Project’s independent existence affords recently instituted a law clinic to provide (www.lsba.org/atj), or see below our organization maximum opportunity such services. for agencies statewide seeking the to be accountable to and responsible for Other models have been utilized assistance of dedicated volunteers. the Project’s goals and missions, while around the country to expand opportuni- creating a greater sense of ownership by ties for pro bono representation. One the volunteer attorneys.” common characteristic, however, is the 17th Judicial District Pro Bono Project Ste. 305, 801 Barrow St. Interestingly, the New Orleans Pro value derived from the volunteer attor- Houma, LA 70360 Bono Project was originally a program neys who give their time and experience (800)256-1900 sponsored by the Louisiana Bar Founda- to disadvantaged clients. Another com- Lisa Lendo, Pro Bono Coordinator tion in connection with its re-emergence mon trait is the collaborative relationship as an active organization in the mid- with other programs, including Legal 18th Judicial District Pro Bono Project 1980s and became the first bar-spon- Services Corp.-funded programs, spe- 23615 Railroad Ave. Plaquemine, LA 70764 sored pro bono project in Louisiana at cialty programs providing access to jus- (800)256-1900 that time, predating the IOLTA Program, tice such as The Advocacy Center, and Lisa Lendo, Pro Bono Coordinator which has been so important in the devel- law school initiatives, among others. The opment of pro bono operations through- variety of approaches maximizes the user- 20th Judicial District Pro Bono Project out the state. The Project became a free- friendliness of the projects to the partici- P.O. Box 8181 standing organization in 1991. pating attorneys and the clients they serve, Clinton, LA 70722 (800)256-1900 In Shreveport, Ruth Moore directs the increasing legal assistance to poor cli- Lisa Lendo, Pro Bono Coordinator Northwest Louisiana Pro Bono Program, ents who otherwise would not have full another free-standing entity. It is finan- access to the justice system. 23rd Judicial District Pro Bono Project cially supported by the Shreveport Bar P.O. Box 100 Association, filing fees from the City Pierre Part, LA 70339 (800)256-1900 Court and the 1st Judicial District Court, Lisa Lendo, Pro Bono Coordinator as well as by the Louisiana Bar Foundation’s IOLTA Program. ABOUT THE AUTHORS 32nd Judicial District Pro Bono Project Other organized pro bono opportuni- Ste. 305, 801 Barrow St. Sarah J. Campbell is manag- ties include projects sponsored by law Houma, LA 70360 ing attorney of the Covington (800)256-1900 schools. At Loyola University Law office of Southeast Louisiana Lisa Lendo, Pro Bono Coordinator School, the Gillis Long Poverty Law Legal Services Corp. (P.O. Box 2330, Covington, LA 70434) Center provides opportunities for private 40th Judicial District Pro Bono Project attorneys to work with student interns 1107 Main St. both during the school year and on sum- Joseph R. Oelkers III is direc- LaPlace, LA 70068 mer break. The summer internship pro- tor of Acadiana Legal Service (800)256-1900 gram allows Loyola law students to be Corp. (P.O. Box 41002, Lisa Lendo, Pro Bono Coordinator Lafayette, LA 70504) involved in special interest law in a vari- ety of settings, not only in Louisiana but throughout the country. William P. Quigley, director of the Center, said,
More opportunities / pages 327-333
Louisiana Bar Journal Vol. 54, No. 5 325 Pro Bono Attorneys Hold the Key to Justice
Judge Melvin A. Shortess (Ret.) rang a cowbell to attract attention to the Baton Rouge Bar Founda- tion Pro Bono Project’s Lawyers Work for Food pro bono case drive and jambalaya lunch. Shortess Pro Bono Projects: Answering received the 2006 Louisiana State Bar Association’s David A. Hamilton Lifetime Achievement Award for his pro bono efforts. the Call for Legal Services Photo provided by Baton Rouge Bar Association.
Baton Rouge Bar Justice, began its sixth year and has In 2007, the Project will continue to assisted 1,572 clients since its inception. develop innovative ways to provide legal Foundation The law firms of Gordon Arata; Taylor, assistance to the poor while increasing Pro Bono Project Porter, Brooks & Phillips; McGlinchey participation by volunteer attorneys. Stafford; Keogh Cox & Wilson; Phelps • (225)344-4803 Dunbar; Jones Walker; and Adams and By Rebecca S. Myhand Reese played an active role in Thirst for Rebecca S. Myhand has Justice by volunteering once a week for been a pro bono coordinator In 2006, the Baton Rouge Bar Foun- an entire month. As the majority of the for the Baton Rouge Bar dation Pro Bono Project continued to cases are in the area of family law, the Association since 1998. She expand its outreach efforts to meet the Project continued the use of its pro bono graduated from Louisiana legal needs of the poor. In addition to its curator, a Baton Rouge Bar Foundation State University in 1994 and traditional placement of cases with vol- volunteer, who has agreed to serve as received a paralegal unteer attorneys, the Project began a di- curator for all family law cases requiring certificate from LSU in 1997. (544 Main saster recovery legal clinic at Renais- one. The volunteers are truly the St., Baton Rouge, LA 70802) sance Park to assist Hurricane Katrina backbone of the Project. victims. Through this clinic, 36 clients Barbara Baier, 2007 Baton Rouge Bar needing civil legal assistance and help Association president, said, “My very with the “Road Home” forms were as- first involvement with the Baton Rouge Central Louisiana sisted. Bar Association was with the Pro Bono Another 2006 outreach effort was a Committee. From that membership, I’ve Pro Bono Project Social Security clinic that offered 10 made many friendships, learned a great Louisiana State University Paul M. deal, received a lot of personal satisfac- By Debbie Smith Hebert Law Center students the opportu- tion and realized how valuable our work nity to participate in a hands-on learning is in the community. I have been a mem- In 1991, members of the Alexandria experience. The students zealously rep- ber of the Pro Bono Committee since Bar Association Young Lawyers Section resented their clients under the watchful 1992 and truly believe that the Pro Bono organized the Central Louisiana Pro eye of a volunteer attorney. Project is one of the most important ele- Bono Project, Inc. for the purpose of The Project’s legal clinic, Thirst for ments of our association.” providing voluntary, uncompensated legal
326 February / March 2007 services to qualified persons referred by The Louisiana Bar Foundation, Legal Services of Central Louisiana, Inc. through IOLTA funds, has been instru- How Do I Get The Project also was organized to sponsor mental in helping the Project achieve its free legal advice clinics for the public. goals. Subgrant funds and project Involved Attorney volunteers answer questions and fundraising supplement these funds. The provide general information concerning combination of these funds allows the in Pro Bono? various legal matters. Project to employ a project director, cur- The Project, in connection with Legal rently the Project’s sole employee. Complete the Access to Justice Services of Central Louisiana, hosts • (318)449-9778 Volunteer Form under the Access several Pro Se Divorce Clinics during the to Justice Committee listing year to help those who meet Legal Debbie Smith has been the on the Louisiana State Bar Services’ guidelines obtain an project director of the Association’s Web site uncontested divorce. At this time, all Central Louisiana Pro Bono (www.lsba.org/atj), or see below cases are referred to the Project from Project, Inc. for the past nine for agencies statewide seeking the Legal Services of Central Louisiana. The years. Among her many assistance of dedicated volunteers. Project is working toward in-house duties is referring cases to attorney intakes for the near future. With this in volunteers in the Central Louisiana area, mind, the Project will be hosting more including Vernon, Avoyelles and Rapides Advocacy Center for the Elderly & Disabled free legal advice clinics throughout the parishes. (2015 MacArthur Dr., Bldg. #3, Ste. 2112, 225 Baronne St. year to reach clients who ordinarily Alexandria, LA 71301) New Orleans, LA 70112 would not be referred by Legal Services. (800)960-7705 In the last 14 years, the type and num- Lois Simpson, Director ber of cases the Project receives from Lafayette Volunteer Ann Maclaine, Contact Person Legal Services has grown. When the Acadiana Legal Service Corp. Project was formed, Legal Services only Lawyers (Main Office) referred uncontested family matters. Now P.O. Box 4823 various matters in several areas of law, By Tammy D. DeRouen Lafayette, LA 70502-4823 including successions, bankruptcy, re- (337)237-4320 dhibition, mental health, interdiction, Lafayette Volunteer Lawyers (LVL) Toll-free (800)256-1175 Joseph R. Oelkers III, Director name change, custody and divorce, are is a crucial resource within the commu- referred to the Project for placement with nity, assisting the needy in solving their Acadiana Legal Service Corp. the private bar. The Project refers approxi- legal problems. In an average year, LVL (Lake Charles Branch) mately 125-150 civil cases each year. attorneys help more than 400 people navi- Ste. #710, 1 Lakeside Plaza Lake Charles, LA 70602 (337)439-0377 Joseph R. Oelkers III, Director Brenda Schexnider, Pro Bono Coor.
ACORN of Louisiana 1024 Elysian Fields Ave. New Orleans, LA 70117 (504)943-0044, ext. 116 Beth Butler, Director
AIDSLaw of Louisiana, Inc. 2601 Tulane Ave., 5th Flr. New Orleans, LA 70119 mail: P.O. Box 30203 New Orleans, LA 70190 (800)375-5035 Linton Carney, Director Iska Beck, Contact Person Several attorneys were recognized during the Lafayette Parish Bar Foundation’s Champions of Justice Breakfast for their extraordinary pro bono efforts in 2005. From left, Will Montz, Chris Bailey, Greg Koury, Elizabeth Dugal, Shawn Benoit, Biana Chretien, Charlie Hutchens, Sarah Giddens, Richard Mere, Judy Kennedy and Mike Wooderson. Photo provided by More opportunities / pages 325-333 Lafayette Parish Bar Association.
Louisiana Bar Journal Vol. 54, No. 5 327 gate their way through the legal system and courts by providing high-quality, pro bono legal assistance and representation. LVL reaches into the community with three distinct programs: helping victims of domestic violence obtain a Title 46 protective order, providing self-help clin- ics for parties seeking a divorce, and assisting the homeless in obtaining valid identification. In addition to LVL’s com- munity outreach, the program is a refer- ral source for the local LSC agency, Acadiana Legal Service Corp. LVL is a progressive program with volunteers who are dedicated, compas- sionate and, most of all, innovative. Through LVL’s leadership, the Lafayette Outreach for Civil Justice (LOCJ) cam- paign was created and raised significant Judge Jay C. Zainey, right, addressed a group of law students from the University of North funding to support pro bono efforts in Carolina on their first visit to assist The Pro Bono Project (New Orleans) in December 2005. Lafayette Parish for several years. The The students will be making their fourth trip to New Orleans from March 12-16. Photo provided by The Pro Bono Project. LOCJ campaign was awarded the ABA’s Harrison Tweed Award for its continued dedication to support access to justice for the indigent. Lafayette lawyers are a The Pro Bono Project are juggling increased personal and pro- shining example of how a group of com- fessional demands in this current envi- mitted people can make a difference in (New Orleans) ronment. the community in which they reside. While clients vary in age, race and In looking forward, LVL hopes to By Rachel Piercey ethnic background, one constant remains continue expanding programs and to uti- the same: an absolute need for pro bono lize its resources to best serve its clients. As a service provider, The Pro Bono civil legal services. The legal needs in The program is currently researching the Project (PBP) is challenged to remain post-Katrina New Orleans are even possibility of establishing a clinic to as- responsive to the community’s needs in greater. Through outreach, staffing clin- sist the elderly in creating wills. this post-Katrina environment by inno- ics and telephone intake, it is evident that LVL continues to be dedicated to the vating ways to leverage the diverse talent low-income people have a myriad of advancement of the administration of and resources available. Over its 20 years civil legal needs directly related to or justice and will persist in its objective to of service, the PBP has expanded its exacerbated by the social dislocation help resolve the legal issues of the under- range of services and its geographic scope caused by the storm. Since the storm, privileged in Lafayette. through outreach and leveraging volun- FEMA appeals, family law, custody, evic- • (337)237-4700 teer resources. As an organization de- tions, bankruptcy and consumer-related pendent upon volunteers for the delivery matters, successions, special needs trust Tammy D. DeRouen has of services, the PBP must balance the and insurance matters represent increas- served as the coordinator of needs of the community with the needs ing problematic areas. the Lafayette Volunteer and interest of its greatest resource, the Coordination with out-of-state re- Lawyers for the past two volunteers. More than 1,600 lawyer vol- sources is particularly crucial now that years. She previously unteers served on the pro bono panel pre- local resources are limited. In an effort to worked for 25 years in the insurance Katrina and close to 20,000 cases were broaden its volunteer base, the PBP has business. (P.O. Box 2194, Lafayette, LA handled by the PBP. While the need for responded and become the “go-to” re- 70502-2194) legal services has skyrocketed, the ca- source on all matters related to optimiz- pacity of the local legal services system ing the utilization of out-of-state law- to respond has been severely crippled. yers, including ongoing outreach and The traditional base of support from the communication. Since mid-December local bar and long-standing volunteers 2006, the PBP has been assisted and has been significantly impacted as most visited by out-of-state lawyers and law
328 February / March 2007 students representing a wide variety and munity rebounds from the aftermath. number of schools and states. It is antici- Over the years, the PBP has responded How Do I Get pated that these activities will continue in and expanded by stepping up to the plate, 2007 and beyond to effectively serve the driven by the goal of being viewed as a Involved community. community resource. Katrina tested The Post-Katrina, the PBP was further Pro Bono Project’s flexibility, but The in Pro Bono? stressed by losing staff due to displace- Project continues to be responsive to ment, relocation or reduced funding these needs, while maintaining and de- Complete the Access to Justice streams and is currently struggling to veloping relationships to engage and le- Volunteer Form under the Access replace capacity. Staff is supplemented verage the legal community’s resources. to Justice Committee listing by two AmeriCorp attorneys funded by a • (504)581-4043 on the Louisiana State Bar special grant from Equal Justice Works. Association’s Web site Their duties include expansion of the Rachel Piercey has served (www.lsba.org/atj), or see below bankruptcy and family law services. Dur- as the executive director of for agencies statewide seeking the ing their tenure, the AmeriCorp attorneys The Pro Bono Project for the assistance of dedicated volunteers. are expected to develop and implement greater metropolitan New models that will return to the volunteer Orleans area since the Baton Rouge Bar Foundation panel as volunteers become trained and organization’s inception in Pro Bono Project available. The additional support through 1986. Her current role is an P.O. Box 2241 Equal Justice Works has provided the extension of more than 30 years of Baton Rouge, LA 70821 PBP with the resources to shift to a hy- community and social services work (225)344-4803 R. Lynn Haynes and Rebecca Myhand, brid model of staff and volunteer attor- within the greater metropolitan area. She Pro Bono Coordinators neys while addressing the community’s was the 1994 recipient of the National increasing legal needs and stabilizing the Association of Pro Bono Coordinators’ Capital Area Legal Services Corp. volunteer base. Coordination of the imple- Pro Bono Coordinator of the Year Award. 200 North Third St. mentation and development of programs She also serves as a program consultant Baton Rouge, LA 70801 with other service providers, both local and for the ABA’s Center for Pro Bono (225)387-5173 Toll-free (800)256-1900 national, is critical in addressing continued consulting project. (Ste. 201, 615 James A. Wayne, Sr., Director post-Katrina legal needs arising as the com- Baronne St., New Orleans, La 70113) Lisa Lendo, Pro Bono Coordinator
Central Louisiana Pro Bono Project 2015 MacArthur Dr., Bldg. #3 Alexandria, LA 71301 (318)449-9778 Debbie Smith, Program Coordinator
Lafayette Volunteer Lawyers P.O. Box 2194 Lafayette, LA 70502-2194 (337)237-4700 Tammy D. DeRouen, Director April Bailey, Pro Bono Coordinator
Legal Aid Bureau Ste. #401, 3801 Canal St. New Orleans, LA 70119 (504)488-1548 Kim Dugar-Glass, Director
Several pro bono liaisons from New Orleans law firms gathered to discuss the needs of The More opportunities / pages 325-333 Pro Bono Project (New Orleans). Photo provided by The Pro Bono Project.
Louisiana Bar Journal Vol. 54, No. 5 329 Northwest Louisiana Two long-standing and deserving volunteers, David Rabb, Jr. and Clay Pro Bono Project Walker, received the Louisiana State Bar Association’s Pro Bono Publico Award By Ruth F. Moore in June. The Project is a member of the The Northwest Louisiana Pro Bono Northwest Louisiana Volunteer Project began 2006 with a family law 5.5- Organizations Active in Disaster. The hour CLE for attorney volunteers and a Project wants to organize a “lawyers kickoff for the new mentoring program. reserve unit” of volunteers who would The project now has 15 new volunteers be on call in the event of disasters, such and 10 mentors. as Hurricanes Katrina/Rita. In April, the Project partnered with the • (318)221-6283 YWCA Family Violence Program to offer protective order training for Northwest Louisiana Pro Bono Project at- Ruth Foster Moore has attorneys, clerks of court and domestic torney volunteer Fiona York at Operation worked for the Northwest violence counselors. Two attorneys Stand Down, sponsored by HOPE for the Louisiana Pro Bono Project working with protective order cases, Homeless and the Veterans Administration. for seven years and has been The lawyers assisted homeless people so they the director for six years. Trina Chu and Fiona York, speak can receive state identification cards and languages other than English, a great birth cards, necessary items to get into shel- She is the only full-time asset. ters and to receive free meals. Photo provided employee and there is one In response to the number of evictions by Northwest Louisiana Pro Bono Project. part-time assistant. Like most directors in Shreveport City Court, two of the of small pro bono projects, she wears all Projects’ board members, Mary Winchell the hats at one time or another, doing and Anna Maria Sparke Keele, winter and spring. The Project hopes to everything from administration to client developed a public education program interest another community organization interviews. (Ste. 950, 401 Market St., called “Renters Rights or How Not to be in partnering for this program to add a Shreveport, LA 71101) Evicted.” The program was presented in budgeting class to assist renters who do November and will be offered again this not have those skills.
Linda Law Clark, left, and Lisa Lendo made jambalaya plate lunches during the Baton Rouge Jeffrey Wittenbrink stirred the jambalaya Bar Foundation Pro Bono Project’s Lawyers Work for Food event. Both photos provided by the pot for the Baton Rouge Bar Foundation Pro Baton Rouge Bar Association. Bono Project’s Lawyers Work for Food case placement drive and fund-raiser
330 February / March 2007 How Do I Get Involved ProBono.Net/LA: The Online Resource in Pro Bono? for Louisiana Lawyers Serving Complete the Access to Justice the Public Interest Volunteer Form under the Access to Justice Committee listing By Jerald L. White on the Louisiana State Bar Association’s Web site Are you looking for a helpful and convenient online resource to support (www.lsba.org/atj), or see below your public interest advocacy? ProBono.Net/LA is a free online resource for agencies statewide seeking the for legal advocates, law professors and students, legal service organiza- assistance of dedicated volunteers. tions, and other social services advocates. ProBono.Net/LA primarily serves as a clearinghouse of legal resources and online support for public interest attorneys and new attorneys who may Legal Services of North Louisiana, Inc. (Main Office) be working on their first pro bono case. The Web site is easy to navigate 720 Travis St. and includes a password-protected library and access to five practice areas: Shreveport, LA 71101 civil law, asylum law, prisoners’ rights, death penalty and health law. (318)222-7186 Toll-free (800)826-9265 Alma S. Jones, Director What Will You Find on ProBono.Net/LA? Verna Malone, Services Contact
The Web site provides online support and resources to its members, Legal Services of North Louisiana, Inc. including a calendar of events, news, training manuals, volunteer opportu- (Natchitoches Office) nities, member-driven list serves, model pleadings, and other helpful P.O. Drawer 1189 practice materials. Resources will vary according to practice area. Natchitoches, LA 71458 (318)352-7220 Lewis Gladney, Pro Bono Coordinator Who Should Join? Legal Services of North Louisiana, Inc. ProBono.Net/LA membership is open to advocates, students, pro bono (Monroe Office) 3016 Cameron St. projects and others working with public interest organizations to provide Monroe, LA 71201 legal assistance to low-income people. To become a member, first select (800)259-6591 or a practice area on the left-hand side of the ProBono.Net/LA navigation (318)699-0889 menu, then click on “join this area” and complete the registration form. Kimberly Lanier, Pro Bono Coordinator Also, subscribe to Pro.Bono.Net News at www.news.probono.net. ProBono.Net/LA is administered by Southeast Louisiana Legal Ser- Loyola Law School Pro Bono Program 7214 St. Charles Ave., Box 901 vices, with funding from the Louisiana Bar Foundation and the Legal New Orleans, LA 70118 Services Corp. For more information, contact Jerald L. White at (504)861-5590 [email protected]. Bill Quigley, Director R. Judson Mitchell, Pro Bono Coor. Jerald L. White is a graduate of Indiana University School of Law. He has Northwest Louisiana Pro Bono Project worked as a grassroots organizer, environmental activist and attorney Ste. 950, 401 Market St. with several national nonprofit environmental groups and government Shreveport, LA 71101 agencies. He currently works as the Web site administrator for New (318)221-6283 Orleans Legal Assistance Corp. (an office of Southeast Louisiana Legal Ruth Moore, Director Services). (Ste. 1400A, 1010 Common St., New Orleans, LA 70112) Dana Southern, Services Contact at (318)221-2205
More opportunities / pages 325-333
Louisiana Bar Journal Vol. 54, No. 5 331 Pro Bono Attorneys Hold the Key to Justice
Government Attorneys Provide Pro Bono Publico Assistance
By Sachida R. Raman, Sheral C. Kellar, Lisa Woodruff-White and David E. Marquette
Pro bono publico services by government attor- between the civil legal needs of the state’s poorest neys is not a new concept. Louisiana is fortunate to citizens and inadequate legal representation, the be at the forefront of governmental attorneys na- obligations of lawyers to render pro bono ser- tionwide who are involved in pro bono publico vices, and the disparate impact it has on the state’s services. The American Bar Association’s Re- communities. naissance of Idealism in the Legal Profession1 has More than 850,000 Louisiana citizens live be- a best practices resource guide. The Louisiana low the poverty level and, of that number, more Department of Justice is featured prominently in than 680,000 cannot afford an attorney and thus the government section of this guide. cannot navigate the judicial system or have access Among the initiatives that the state’s Justice to justice. For these 680,000 people, civil legal Department is or has been involved with are Do- representation is the difference between hope and mestic Violence Initiative; Easter Sunday Meals helplessness. Pon Wheels; Gambling Treatment Referral Pro- Some of these compelling civil legal cases gram; Know the Law; School Safety Program; include: an abused spouse in need of a protective Stop Smoking Clinic; Trainings on Louisiana Open order to escape domestic violence and to protect Meetings Law and Public Records Law; Trainings his/her children; an elderly citizen seeking Social on Louisiana Public Bid Law and Public Lease Security benefits; a veteran seeking disability; a Law; and the recent Pro Bono Pilot Program homeless person seeking safe and habitable hous- Initiative. ing; a parent seeking divorce or custody of minor The Pro Bono Pilot Project was started in 2004 children; and a family in need of services or a child by Attorney General Charles Foti. It allows attor- in need of care. In all of these cases, legal repre- neys employed in the state’s attorney general’s sentation is a basic need. Unfortunately, in each of office to represent Louisiana’s citizens in civil these types of cases, the amount of resources or legal cases — primarily in family law and Social funding available is very limited. Security benefits. Foti, a staunch supporter of pro Foti’s program places such cases in the hands bono, is the first state official to implement such a of experienced attorneys who provide free legal program. He recognized the ever-increasing gap services to these clients without having to use their
332 February / March 2007 personal leave time. Initially, a few cases Service Rule 11.23(j) allows attorneys to were assigned. Since then, more than 20 provide legal representation to indigent How Do I Get cases have been assigned, all to attorneys criminal defendants without the loss of in Foti’s Baton Rouge office. personal leave time.6 Rule 11.23(j) was Involved Capital Area Legal Services Corp. enacted in 1976 at a time when indigent (CALSC), a federally funded legal ser- defense programs were chronically in Pro Bono? vices organization that provides legal underfunded. Perhaps, the State Civil services to eligible clients who are Service Commission recognized the Complete the Access to Justice screened according to federal poverty state’s need for additional attorneys to Volunteer Form under the Access guidelines, in conjunction with the Baton ensure that indigent criminal defendants to Justice Committee listing Rouge Bar Association, refers these cases received the legal assistance required by on the Louisiana State Bar to the Attorney General. CALSC, like both the federal and state constitutions.7 Association’s Web site other legal services programs throughout Presently, attempts are being made to (www.lsba.org/atj), or see below the nation, have been underfunded for pursue the involvement of classified for agencies statewide seeking the years. While Hurricanes Katrina and Rita government attorneys. As a result, one assistance of dedicated volunteers. added to the number of poor clients these of the governmental departments has programs are committed to serving, pro- requested a formal opinion from the portionate funding has been limited. Con- Attorney General’s office on this subject. Southeast Louisiana Legal Services, Inc. sequently, CALSC, like the other legal The request poses the following question: (New Orleans Office) service programs, depends on the gener- “Is it an unauthorized donation of state Ste. #1400-A, 1010 Common St. osity of government attorneys and other time to permit a classified state attorney New Orleans, LA 70112 pro bono organizations to assist with the to perform pro bono civil legal work (504)529-1000, ext. 237 ever-increasing demand of clients it does without the loss of pay or annual leave Toll-free (877)521-6242 Mark A. Moreau, Co-Director not have the resources to serve. and, if not, under what circumstances Paul Tuttle, Pro Bono Counsel The Baton Rouge Bar Association may such work be allowed?” also assists in referring such cases to pro As of presstime, the Attorney Southeast Louisiana bono attorneys in private practice. To- General’s opinion had not been issued. Legal Services, Inc. gether with the private bar pro bono The justice community eagerly awaits the (Hammond Office) attorneys, Foti’s 135 or so attorneys in opinion and anticipates that it will P.O. Box 2867 Hammond, LA 70404 Baton Rouge add greatly towards filling perhaps encourage and open the door for (985)345-2130 this huge gap. What is also more encour- civil legal representation by classified Brian D. Lenard, Co-Director aging is that Foti heads a statewide legal state attorneys without the loss of office, which means that his attorneys are personal leave time. If this does happen, Southwest Louisiana Legal Services available to assist legal service organiza- policy should perhaps be drafted 1011 Lakeshore Dr. tions located in other parts of the state. encouraging attorneys and supervisors to Lake Charles, LA 70601 (337)436-3308 Progress is being made to include these achieve at least the 50 hours of voluntary Jim Ortego, Director attorneys in regions such as Lafayette, pro bono publico service recommended Shreveport and Lake Charles. by the Louisiana State Bar Association.8 The Pro Bono Project Another important but yet untapped The governmental agency seeking the Ste. #201, 615 Baronne St. government attorney resource are attor- opinion plans to draft an internal policy New Orleans, LA 70113 (504)581-4043 neys in the classified state civil service that will encourage pro bono publico Rachel Piercey, Director system.2 In Louisiana, government attor- services with the hope that it can be neys are divided into two categories — emulated by other sister departments. In Volunteer Lawyer Project classified and unclassified.3 Generally, the interim, it is that agency’s view that Ste. #506, 130 DeSiard St. attorneys employed by the state are in the classified attorneys can and should Monroe, LA 71201 classified civil service system, except donate some of their personal leave time (318)323-8851 A.J. Jones, Executive Director those in Foti’s office.4 Foti directs the to pro bono publico services because the work of attorneys employed by the Attor- value of pro bono is in the service and ney General’s office and determines the not in how easy it should be to serve. appropriate use of their personal leave With this array of governmental attor- time. ney involvement initiatives, the ability of Attorneys in the classified service are indigents who need urgent and meaning- subject to the authority of the State Civil ful legal representation to preserve their More opportunities / pages 325-331 Service Commission.5 Interestingly, Civil family, property or income may become
Louisiana Bar Journal Vol. 54, No. 5 333 more tangible. One thing is for certain: it will guarantee that fewer indigents go un- ABOUT THE AUTHORS represented and, hopefully, strengthen the resources of our communities and our state. Sachida R. Raman, a graduate of Tulane Law Lisa Woodruff-White has School in 1991, is the managing attorney of served as deputy secretary of FOOTNOTES family law at Acadiana Legal Service Corp. Louisiana’s Department of in Lafayette. Prior to this, he was a senior Social Services since 2004. 1. http://www.abanet.org/renaissance/ attorney at Southeast Louisiana Legal Ser- She was the statewide director bestpractices/search_best_practices.html. vices. He has been a member of the Louisiana of the Louisiana Child Support 2. L.S.A.-Const. Art. 10, Section 1A. State Bar Association’s Access to Justice Com- Program from 2001-04 and 3. Id., Section 2. mittee since 1998 and is the present chair of chaired the Louisiana Child 4. Id., Section 2(B)(10). the State Justice Planning Subcommittee. He Support Guideline Review Committee in 1999 5. Id., Section 10. was the 2005 president of the Lafayette Par- and 2004. She currently leads the Child 6. Civil Service Rule 11.23(j) states: An ish Bar Association’s Family Law Section Support Committee of the Louisiana State employee serving with job appointment, and also chaired the Louisiana Legal Ser- Law Institute. (627 N. 4th, Baton Rouge, LA probationary or permanent status shall be given vices Task Force. (1020 Surrey St., Lafayette, 70802) time off without loss of pay, annual leave, or LA 70502-4823) Assistant Attorney General sick leave when: (J) Engaged in the Sheral C. Kellar has served as an administra- David E. Marquette is the pro representation of a client in a criminal tive law judge since 1981, serving as chief bono coordinator for the De- proceeding pursuant to an order of a court of judge of the Hearings Section of the Louisi- partment of Justice for Louisi- competent jurisdiction, provided if ana Department of Labor since 1999. She is ana Attorney General Charles compensation for such services is available a member of the Louisiana Bar Foundation, Foti’s Pro Bono Project. A from another source, he may not accept the co-chair of the Louisiana State Bar 1985 graduate of Southern special leave and the compensation. Association’s Access to Justice Commit- University Law Center, he has 7. U.S. Constitution Art. VI: In all criminal tee, member of the LSBA Medical-Legal served on the Baton Rouge Bar Foundation’s prosecutions, the accused shall enjoy the right Interprofessional Committee, member of the Pro Bono Committee for 20 years. He is the to a speedy and public trial, by an impartial National Legal Aid & Defender Association recipient of the 1995 Louisiana State Bar jury of the State and district wherein the crime and a CASA volunteer. She is a former at- Association Pro Bono Publico Award and shall have been committed, which district shall large member of the LSBA Board of Gover- serves on the LSBA Access to Justice Commit- have been previously ascertained by law, and nors. (P.O. Box 94040, Baton Rouge, LA tee. (1835 N. 3rd St., Baton Rouge, LA 70802) to be informed of the nature and cause of the 70804-9040) accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 8. Louisiana Rules of Professional Conduct, Rule 6.1(2004).
334 February / March 2007 Pro Bono Attorneys Supreme Court Adopts Hold the Key Emergency Pro Bono Civil to Justice Legal Assistance Rule
By Mark A. Moreau
he Hurricanes Katrina and Rita ample of vital pro bono work done under disasters created unprecedented the Supreme Court’s rule is Womble Tneeds for pro bono civil legal aid Carlyle’s Katrina Successions Project. in Louisiana. In response to these needs, More than 40 Womble Carlyle attorneys the Louisiana Supreme Court adopted an applied for limited licenses and worked Supreme Court emergency rule to allow out-of-state at- on successions for indigent Katrina vic- Extends Supplemental torneys to provide temporary pro bono tims who needed to clear title in order to civil legal aid to low-income disaster rebuild their damaged homes. Emergency Pro Bono victims. The Womble Carlyle attorneys have Civil Legal Under this rule, out-of-state attorneys used their limited Louisiana licenses to may apply for a limited certification of devote more than 3,000 hours of pro Assistance Rule pro bono practice. Once certified, these bono legal aid to Katrina recovery efforts pro bono attorneys may render civil legal in Louisiana. They worked on this project The Louisiana Supreme Court aid under the supervision of certain Loui- with Southeast Louisiana Legal Services, has extended for another year the siana legal aid or pro bono programs. Stone Pigman, Sessions Fishman and supplemental emergency pro bono This limited license to practice enables Wachovia. Generally, each Womble civil legal assistance rule origi- pro bono attorneys to give legal advice Carlyle attorney gave up more than a nally approved by the court on Jan. and represent eligible clients in courts week of his/her time to come to Louisi- 20, 2006, and amended on July 7, and administrative hearings. ana and personally help indigent Louisi- 2006. The rule, as amended, per- Pro bono work by a “limited license” ana disaster victims overcome daunting mits non-admitted lawyers to pro- attorney is limited to persons and case probate and title problems which block vide limited pro bono civil legal types eligible for representation under rebuilding efforts. services to victims of Hurricanes the federal Legal Services Corp. rules. Katrina and Rita under restricted Each pro bono attorney practicing under circumstances. The rule will re- a limited license must be supervised by a ABOUT THE AUTHOR licensed Louisiana attorney who works main in effect through Jan. 19, with an approved legal aid or pro bono Mark A. Moreau is a co- 2008. program. The supervising Louisiana at- director of Southeast Lou- To review the court order, torney must co-sign pleadings with the isiana Legal Services. He has go to: actively worked with many “limited license” attorney and review his/ out-of-state pro bono www.lsba.org/Quick-Links/ her work. attorneys on Katrina poverty ExtensionSupplementEmergency As a result of the Supreme Court’s law matters. He received his ProBonoRule.pdf. rule, pro bono attorneys from outside of JD degree from Buffalo Law School and an LLM from New York Louisiana were able to do much more for University. (Ste. 1400A, 1010 Common St., Louisiana disaster victims than other- New Orleans, LA 70112) wise would have been possible. One ex-
Louisiana Bar Journal Vol. 54, No. 5 335 Pro Bono Attorneys Hold the Key to Justice
Law Schools: Taking Pro Bono Services Seriously
Louisiana’s four law schools Louisiana State virtual format. Sixteen employers from take the concept of pro bono Texas, Louisiana and Georgia agreed to University Paul M. participate and more than 20 law stu- legal services seriously. Whether Hebert Law Center dents applied for these jobs. it be through a variety of law Often public interest employers do clinics, pro bono fellowship not have the budget or time to travel for Public Interest Job Fairs recruiting. The virtual job fair prevented programs or direct hands-on at LSU Law Center the need for travel and cost nothing for assistance to the public, the employers. Students uploaded their By Annie LeBlanc tomorrow’s lawyers are being résumés on the online job system eAttorney. The information was then taught today about the impor- For the third year in a row, a represen- mailed to the employers. In addition, tance of public service and are tative of Louisiana State University Paul students were allowed to record a short offered many opportunities to M. Hebert Law Center’s Career Services mock interview through the computer Office (CSO) and law students attended program InterviewStream. Employers place that teaching into action the annual Equal Justice Works Job Fair were given access to the students’ inter- by providing legal services to in Washington, D.C., this past October. views. From the feedback received, these those needing them the most but Nine LSU students participated, each interviews were helpful to the employers one securing multiple interviews with and all employers intend to participate least able to afford them. public interest and government employ- again next year. It added “life” to a ers. Many of the students commented on student’s résumé, according to one em- The state’s law schools have how inspiring it was to be with hundreds ployer, and enabled a student to stand out of other law students who feel passionate from others. provided articles on how pro about the same areas that interest them. Most of the employers cannot pay for bono service is removed from the Additionally this past fall, the CSO these summer jobs, yet many students rhetoric and transformed into hosted its first Virtual Public Interest Job applied. Students are willing to forego Fair. With the hope of exposing more pay when the work involves issues they concrete action plans on their students to public interest work, the CSO are passionate about. Many students un- campuses. decided to bring employers to LSU in a derstand the need to use their legal edu-
336 February / March 2007 cation to help others, and some carry this so far as In addition to these ongoing student-oriented Annie LeBlanc, a 2002 to make it their main focus in law school. initiatives, the Law Center provides space, logis- graduate of Louisiana tical support and student workers for the Louisi- State University Paul M. Hebert Law Center, now LSU Public Interest Law Society ana State Bar Association’s Disaster Legal Hotline works at the Law Center and its successor, the Louisiana Civil Justice Cen- as a career counselor, By John M. Church ter. The Law Center also houses and supports the aiding law students in Pro Bono Legal Corps (PBLC), a collaborative finding clerkships and permanent employment. In spring 2005, students at Louisiana State project of the LSBA, the Louisiana Bar Founda- tion and Americorps. The PBLC employs two Her focus as a career University prompted the Law Center to establish counselor is the public the LSU Public Interest Law Society (PILS), a full-time attorneys, Susan Saba and Kathleen interest sector, and she student-run organization that facilitates and McNelis, who recruit, train and supervise students serves as the career coordinates pro bono activities by LSU law for a broad range of public interest projects and services advisor to the service providers. Public Interest Law students. One of PILS’ missions is to provide Society at LSU. (LSU opportunities for students to assist in providing Paul M. Hebert Law legal services to the community. Center, Career Services PILS directly organizes and supervises student Loyola University Office, Ste. 101 Law participation in several programs, including Thirst Center, Baton Rouge, LA for Justice, a program started by Judge Melvin College of Law 70803-1000) Shortess and the Baton Rouge Bar Association (BRBA) to help residents in blighted neighbor- By William P. Quigley hoods. Another PILS/BRBA collaborative project, the Social Security Assistance Program, allows Loyola University College of Law makes students to serve as advocates at appeals from service to the community a centerpiece of the denials of disability benefits. Under the supervi- educational mission. Every law student is required to provide 50 hours of pro bono service to the sion of Eric Miller, the students file appeals, Professor John M. investigate and draft prehearing briefs, and argue community, to participate in one of the many Church holds the Harry at the hearings of the appeals. clinics and give service to the community, or to S. Redmon, Jr. A third project sends students to Renaissance take the courses “Law and Poverty” or “Street Professorship at Park, a FEMA trailer park housing people dis- Law” to learn how to be a people’s lawyer. Louisiana State University Paul M. placed by Hurricane Katrina, to assist with the Bar The Loyola Law Clinic teaches students and serves people in the areas of family law, criminal Hebert Law Center. He Association’s Disaster Recovery Project. Under has a master’s degree the supervision of Professor Elizabeth Murrill, the defense, homeless advocacy, immigration and from the University of students help residents complete “Road Home” criminal prosecution. Post-Hurricane Katrina, the Illinois and a law degree applications and assist with family law matters. clinic has expanded to include a Workplace Jus- from the University of PILS also has linked with the national Student tice Project and a Katrina Clinic. Colorado, where he was The Loyola Workplace Justice Project assists a Harno Fellow, the case Hurricane Network and will provide students and note editor of the logistical support for Network projects in New workers in dealing with unscrupulous contractors, University of Colorado Orleans and along the Gulf Coast. non-payment of wages, and other employment Law Review, and was PILS also organizes opportunities for students issues for low-wage workers. inducted into the Order to do nonlegal community service work, including The Katrina Clinic grew out of experiences of the Coif. Prior to post-Katrina reconstruction, Habitat for Human- with displaced people while the Loyola Law School joining the Law Center was itself displaced to Houston. The Katrina Clinic faculty in 1991, he ity, the St. Vincent de Paul Dining Room and the practiced law in Denver. “Everybody Reads” literacy program. now has two full-time staff attorneys and has (LSU Paul M. Hebert The Law Center’s Pro Bono Fellowship pro- worked with dozens of law students providing Law Center, Career gram provides fellowships to law students who education and non-litigation advocacy to more Services Office, Ste. 101 spend their summers doing public interest work. than 1,000 people. Law Center, Baton Rouge, LA 70803-1000) Over the last two summers, the Law Center has The Law Clinic also serves as an umbrella funded 14 students who have worked at a variety organization for the Extern Program and Street of local and national public interest jobs. PILS Law. The Extern Program places law students in assists with this program by helping identify and local courts and agencies to assist in the provision publicize opportunities for full-time public inter- of legal services. Street Law places law students in est work and by reviewing student applications for public and private schools in the community where summer fellowships. they teach basic legal principles to high school
Louisiana Bar Journal Vol. 54, No. 5 337 students. This year Street Law was expanded Center’s legal clinics and outreach programs pro- beyond schools to a juvenile prison, a women’s vided legal services to low-income or indigent shelter and St. Michael’s School. clients in more than 300 cases, controversies and The Gillis W. Long Poverty Law Center pro- disputes with administrative agencies. Because of vides summer internship stipends in legal services the variety of legal clinics available to third-year and other pro bono settings for up to 24 Loyola law students, approximately 60 percent of these William P. Quigley students each summer. students participate in the programs. is the Janet Mary Riley The Gillis Long Center also provides loan In addition to students enrolled in legal clinics, Professor of Law, forgiveness assistance to graduates doing full- several Law Center students have been involved director of the Loyola Law Clinic and director time public service work. Recently, the Loyola with projects such as the Innocence Project, the of the Gillis W. Long Loan Forgiveness Program was allowed to ex- Student Hurricane Network, and the Louisiana Poverty Law Center at pand due to a generous grant from the Kendall Bar Foundation project and the Americorps vol- Loyola University Vick Foundation. unteer project providing legal assistance to vic- College of Law. He tims of Hurricanes Katrina and Rita. Also, during teaches the courses income tax season, law students operate a Volun- “Law and Poverty,” teer Income Tax Assistance (VITA) site at the “Street Law” and “Law Southern University and Religion.” He has Law Center to assist low-income taxpayers file published several books Law Center their federal and state income tax returns. and law review articles dealing with human By John K. Pierre rights issues in the United States. (7214 St. Tulane Law School Charles Ave., New The Southern University Law Center, with a Orleans, LA student body of 488, is an institution of higher By Julie H. Jackson 70118-3538) education that has long valued pro bono activities and community service by its student body. The Twenty years ago, Tulane Law School (TLS) Law Center’s commitment to pro bono dates back broke new ground by requiring all its students to to its founding 60 years ago. Early graduates of the give back to the community — to share with those Law Center, such as Jesse N. Stone, Johnnie in need of legal assistance the skills and knowl- Jones, Murphy Bell, Sr. and Revius Ortique, en- edge they were acquiring in the classroom. In gaged in public interest litigation, legal services 1987, Tulane became the first law school in the activities for poor and indigent clients, and pro nation to impose pro bono work as a graduation John K. Pierre was bono legal services. requirement. Since this beginning two decades promoted to interim vice The Law Center operates several legal clinics chancellor of Southern ago, Tulane has continued to build upon the origi- and outreach programs providing pro bono legal University Law Center in nal concept. The essential premise of the program services to Louisiana citizens. These programs 2006. He has been on is the “trickle-up” theory of moral obligation: the law faculty since allow students to provide pro bono and public once law students recognize the overwhelming 1990. He is a member of interest legal services to indigent clients while need of the underserved and experience the differ- the Louisiana State and gaining practical experience in the preparation of Texas bar associations ence they can make by providing pro bono assis- cases, the representation of clients, and the devel- and the Louisiana tance, they are more likely to continue as members opment of real-world, problem-solving skills. Certified Public of the bar to give of their time and skills in the These programs are designed to allow third-year Accountants Association. public interest. As a bonus, students can gain He received a bachelor’s law students the opportunity to apply theoretical firsthand experience in addressing a variety of degree in accounting knowledge acquired in the classroom to practical legal issues. from Southern live-client situations. The clinical education and University in 1980, a When the requirement was originally imple- outreach programs that have been operated by the master’s degree in tax mented, each student was required to contribute Law Center and that have a direct effect on indi- accounting from Texas 20 pro bono hours prior to graduation. TLS has Tech University in 1982 gent clients in Louisiana include the Criminal Law now increased the requirement to 30 hours per and his JD degree from Clinic, the Low-Income Taxpayer Clinic, the student to give each individual more time for Southern Methodist Domestic Violence Clinic, the Juvenile Law Clinic, training as well as to provide needed services. But, University School of the Administrative/Civil Law Clinic, the Elder Law in 1985. (Southern as the total number of hours contributed by the law Law Clinic and the Louisiana Agricultural Media- University Law Center, students annually reveals, many students far ex- tion Program. P.O. Box 9294, Baton ceed the minimum requirement. During 2006, the Rouge, LA 70815) During the 2005-06 academic year, the Law students reported nearly 9,000 hours of service
338 February / March 2007 donated in the public interest across the nation. Bono Program, the Arts Council of New Or- Twenty years later, more ways than ever exist leans and the New Orleans Music Office Co- through which the students can give back to the Op. The purpose is to address unmet legal community. There are no geographical limits; the needs of artists and entertainers of modest students make contributions across the country. means. However, the majority of students choose to do POPS (Project for Older Prisoners). TLS pro bono work in the New Orleans metropolitan founded this program in 1989 to serve as advo- Julie H. Jackson is area. A sample of placements reveals the variety cates for the often overlooked population of assistant dean for public of legal topics encountered and the endless array elderly or infirm inmates who no longer pose a interest programs at of needs the students tackle. threat to society. Students conduct interviews Tulane Law School. She is responsible for the Blighted Housing Hearings. The City of New and assist eligible inmates in the parole pro- implementation and Orleans has recently begun hearings on blighted cess. administration of the housing determinations. These hearings are Public Defenders. Law students assist public first mandatory pro bono expected to be a critical step in addressing the defenders in several parishes of southeastern program to be issue of blighted and abandoned houses that Louisiana with initial client interviews, research/ established by a law pose an almost insuperable obstacle in the writing, assessment of cases, tracking defen- school in the United States. She also teaches city’s renewal. Students conduct research, help dants and obtaining records. a seminar in mediation. locate property owners now scattered across Critical to the Tulane Pro Bono Program are Prior to joining Tulane, the country, prepare notice for absentee own- the contributions of private practitioners and legal she clerked for a federal ers, and assist with hardship determinations. services attorneys who supervise law students in judge in Los Angeles, City legal staff and volunteer lawyers from the this wide array of pro bono placements. Pro bono Calif., and practiced labor and employment local bar conduct the hearings and students attorneys extend the reach of their donated hours law with the firm of provide assistance as needed. by joining with Tulane law students in offering Smith, Currie & Homeless Assistance. Several placements ad- free legal assistance. Thanks to the supervision Hancock in Atlanta, Ga. dress this underserved population which finds provided by these dedicated members of the bar in She received her JD fewer resources available to them. The newest the past two decades, pro bono students at Tulane degree from Harvard project provides assistance in obtaining Social have been able to give even more back to the Law School in 1980. Contributing to this Security benefits, in conjunction with H.E.L.P., community. article was Professor a program founded by Federal District Judge Stacy Seicshnaydre. Jay C. Zainey. Students also work with the Tulane Law School (Tulane Law School, Ste. Homeless Legal Advocacy Project of the New Clinical Program 216, 6329 Freret St., Orleans Legal Assistance Corp. (NOLAC). New Orleans, LA 70118- 6321) Katrina Legal Assistance Program at Also on the public interest front, Tulane has a NOLAC. This new program co-sponsored by well-established clinical program through which TLS addresses the most urgent needs of those student attorneys, supervised by clinical recently returned to New Orleans and those faculty, handle cases for those who could not trying to return. The immediate need during the otherwise afford an attorney. The law school fall has been successions. Lack of clear title to offers clinical opportunities in the areas of crimi- the house is a principal deterrent to receiving nal law, civil rights, domestic violence, juvenile federal and state assistance, such as “Road law and environmental law. For example, the Civil Home” grants. Particularly in the Ninth Ward, Litigation Clinic allows students to earn credit by houses have been handed down, generation to representing indigent clients primarily in federal generation, without concern for legal formali- court. Students handle fair housing matters, em- ties. Students are now assisting in handling the ployment discrimination and sexual harassment staggering caseload of non-contested succes- cases, and section 1983 actions relating to police sion cases: they conduct interviews with pro- misconduct and other constitutional violations. spective clients, assist in filing petition and The students handle all aspects of the litigation, help clients obtain necessary documentation, from client interviewing and counseling, to dis- including birth or death certificates, tax records, covery, motion practice and trial work. The expe- divorce filings, etc., and draft pleadings. rience is invaluable and life-changing for both ELLA (Entertainment Law Legal Assistance). students and clients. Jointly sponsoring this program are TLS’s Pro
Louisiana Bar Journal Vol. 54, No. 5 339 Pro Bono Attorneys Hold the Key to Justice
18 Months and Counting: Cooperative Efforts Keep Disaster Legal Assistance Call Center Available to Help Citizens
By Elizabeth Erny Foote
Within days of her own evacuation from intake forms from callers who could not was full every day with people who could New Orleans as a result of Hurricane be helped immediately by lawyer volun- not get through to a live volunteer. Katrina, Louisiana State Bar Association teers were delivered by the stacks to legal The Call Center remained at the Ba- (LSBA) Young Lawyers Section Coun- assistance providers, local bar associa- ton Rouge Bar Association office until cil representative Beth Abramson had tions and pro bono organizations state- Oct. 14, 2005, when it moved to donated Wcontacted the Baton Rouge Bar Associa- wide. And still the answering machine space at the Louisiana State University tion to set up a legal assistance call line. This job fell to Abramson because the Young Lawyers Division of the Ameri- can Bar Association (ABA) has a con- tract with FEMA to provide legal disas- ter relief. Each year, the LSBA Young Lawyers Section appoints someone to head up the effort and 2005 was Abramson’s year to serve. Abramson’s initial call began a coop- erative endeavor that enlisted lawyers and bar staff across the state. Staff of the LSBA — all of whom were also evacuees — joined Executive Director Ann Scarle’s staff of the Baton Rouge Bar Association to organize and man the le- gal hotline. The staff members provided “intake,” getting basic information about the caller and the nature of the problem. Lawyer volunteers answered questions 12 hours a day, seven days a week, using a legal “hurricane manual” put together Gabrielle Jones, standing, is the Call Center’s full-time executive director. With her is Ingrid by Lafayette lawyer Susan Simon. The James, third-year law student at Southern University Law Center. Photo by Ross Foote.
340 February / March 2007 Paul M. Hebert Law Center. In the time the hurricanes have passed? The Center period between Katrina’s landfall and convened LSBA leadership and pro bono the move date, the Call Center had handled and legal service providers to address 3,215 calls. The caseload remained steady that question. With its growing presence as Hurricane Rita expanded the number and its in-place infrastructure, the Center of people in need. Although many of these could provide a statewide point of access “cases” involved only a phone call, some for legal help for the poor as well as some required more time-consuming legal help. basic services. Helping individuals navi- The move to LSU Law Center up- gate the existing legal services Web site to graded the services provided. LSBA staff create basic legal documents also could be members Monte Mollere, Linda Johnson a project. The think-tank group continues and Christine Richard, commuting to to meet with the help of a legal services Baton Rouge every day, set up 10 sta- The two staff attorneys working at the Call consultant recommended by the ABA. tions with donated laptops. Johnson Center are Jim Harry, right, and Ashton In the meantime, obtaining funding Johnson. With them, standing, is Elizabeth worked with the Texas Rio Grande Legal Erny Foote, president of the Louisiana Cen- for the Call Center remains a challenge. Services representatives who came to ter for Civil Justice. Photo by Ross Foote. Although the contract with FEMA pro- Baton Rouge to outfit the computers with vides for reimbursement of certain ex- their own intake and referral software. penses, the Call Center has received only The new software provided a more de- Gabrielle Jones; two staff attorneys, Jim $71,433 to date, with another $66,000 tailed and uniform intake procedure and Harry and Ashton Johnson; and about 15 promised but not received. More has allowed the caller’s case to be referred via law students who rotate schedules. From been requested. The LSBA initially Internet to a lawyer volunteer or legal ser- Oct. 14, 2005, to Nov. 29, 2006, the Call “fronted” all of the expenses with the vices provider. Richard recruited law stu- Center has opened an additional 11,532 help of the Louisiana Bar Foundation. In dents who were hired to handle the intake cases, bringing the total to 14,737 cases. the early days after Katrina, the Founda- and coordinated their schedules. Mollere, Although down from the 700 to 800 tion came forward voluntarily with the as the LSBA’s Access to Justice director, cases it handled per week in the months Center’s first grant in the amount of headed up the efforts which included ob- after the storm, the Center still averages $70,000. Since then, the Foundation has taining complicated roll-over phone lines about 70 cases per week. Today everyone granted the Center additional funds and as well as simple tables and chairs. who calls speaks with a lawyer that day. also has funneled funds from the Louisi- Providing the upgraded services in The beneficiaries of the Call Center ana Recovery Authority to the Center. the post-Katrina/Rita environment had are not limited to the hurricane victims The JEHT Foundation, a national foun- its challenges. When it looked like the who seek legal advice. Staff attorney Jim dation dedicated to “Justice, Equality, move to LSU would be delayed because Harry joined the Call Center in October Human dignity and Tolerance,” also has it was going to take several weeks to open 2006 after his own Jefferson Parish law provided major funding. In order to at- a billing account for the outgoing long- practice was decimated by the hurricane. tract grant funding, the Louisiana Civil distance calls, Law Center Professor John Law students from both Southern Uni- Justice Center, a 501(c)(3) corporation, Church volunteered the use of his per- versity Law Center and LSU gain first- was formed early this year and now oper- sonal phone account. Because there were hand experience dealing with clients as ates the Call Center. That corporation’s no vacant hotel rooms in the Baton Rouge well as an hourly wage. With the help of board of directors, with help from the area, one volunteer from Texas slept on Professor Church and the leadership of LSBA, struggles to obtain continuing Professor Church’s couch while another LSU Law Center Chancellor John funding and to provide a continuing vi- commuted from Lafayette. Mollere re- Costonis, the Call Center has developed sion for this project. calls how all of the things that are taken more than a physical presence at LSU. for granted in a modern office were non- Law students will soon be able to partici- ABOUT THE AUTHOR existent in the Call Center’s early days. pate for class credit in a joint project to “One member of the bar leadership called draft simple wills, medical powers of Elizabeth Erny Foote is and asked me to fax something to her. I attorney, and living wills for the elderly. president of the Louisiana had to explain that we did not have a fax Two Americorps lawyers — Kathy Civil Justice Center and is president-elect designee of the machine much less an extra phone line to McNelis and Susan Saba — work with Louisiana State Bar which to hook one up.” the Call Center, the law school, and the Association. She practices law Today the Call Center operates more legal community encouraging public in- in the areas of medical smoothly. Housed on the first floor of the terest law and pro bono work. malpractice and commercial litigation. (P.O. Box 1632, Alexandria, LA “old” law school, the Call Center em- What will happen to the Call Center 71309-1632) ploys a full-time executive director, when the personal legal crises created by
Louisiana Bar Journal Vol. 54, No. 5 341 Thanks for Your Service! 2006 Pro Bono Honor Rolls
Many Louisiana State Bar Association members have contributed hundreds of hours of pro bono service during the past year. We would like to recognize these attorneys for their efforts. Note that these lists of attorneys were provided to the Louisiana State Bar Association by the agencies.
Acadiana Legal Connell Archey Sean Collins Deborah Gibbs Gary Koederitz John Murrill Services Corp. Alesia Ardoin Layna Cook Jon Ann Giblin Cathryn Kojis Liz Murrill Daniel Avant Sheridan Cooper Nancy Gilbert Andrew Kolb Allen Myles Richard M. Arceneaux Leslie Ayres Maureen Coughlin Lisa Gintz Jeff Koonce Barrington Neil Glenn Armentor Stephen Babcock Amy Counce Christine Goldberg Robin Krumholt Curtis Nelson W.T. Armitage Barbara Baier Lauren Covell Carl Goode Maxime LaBranche Jeff Nichols Willie Banks, Jr. Pamela Baker Bruce Craft Katie Goodson Brandon LaGarde Keith Nordyke Richard L. Becker Frances Ball Richard Creed Vallery Gorenflo Kim Landry Patrick O’Hara Edward Broussard Jeff Barbin Fred Crifasi Nicole Gould Thomas Lane Mary O’Brien Gene Broussard Jane Barney Vicki Crochet Robert Graves Arthur Laugand J. Peyton Parker Lloyd Dangerfield Alton Bates, Jr. Andre Cullens Stacey Greaud La’Greta Lazard Michael Parker Floyd A. Dupre, Jr. Alton Bates, Sr. Rick Curry Cyrus Greco Jo Ann Lea Kirsten Parnell Steven G. Durio Carli Beckett Charles Cusimano Marquette Green- Steve LeBlanc J.P. Perrault George D. Ernest III Norma Beedle Amos Davis Young Donna Lee Joe Perrault Greg Guidry Dale Behan E’Vinski Davis Isaac M. Gregorie, Jr. Sharon Lee Phillip Shaheen Susan K. Jones Flitcher Bell Charlene Day Nancy Sue Gregorie Vanessa LeFleur Exkano Philson Paul T. Landry Talya Bergeron Brandon Decuir Emily Grey Brandon Lagarde Allen Posey John E. McElligot, Jr. Ronnie Berthelot Jennifer Decuir Craig Grinstead Louis Leitzelar Joseph Possa Gary McGoffin Michael Betts Kent DeJean Danielle Guillory Angela Leonard Lisa Prater Lewis Pittman Sara Blackwell Rebecca DeLaSalle Benn Hamilton Randy Ligh Charlotte Pugh Donald Richard Charles Blaize Warner Delaune Holly Hargrove Eric Lockridge James Raines Chantell M. Smith Andrew Blanchfield Gregory DiLeo Gary Harvey John London Dawn Rawls Blane G. Williams Pam Bodin Cazeline Dixon Jennifer Hataway Peter Losavio, Jr. Cynthia Reed Dana Bolton Jerome Dixon C. Kevin Hayes Scott Love Danny Rester AIDSLaw of Jason Bonaventure Donald Dobbins Etta K. Hearn Alexis Luker Brad Resweber Louisiana Terry Bonnie Anderson Dotson Susan Henry-Hebert Alicia Lumpkins Aidan Reynolds Boolus Boohaker Michelle Duncan E.L. Henry Lloyd Lunceford Sandra Ribes Barry Barnett Anthony Boone Helen Edgington Rena Hester Dale Maas Krystal Richardson Larry C. Becnel Franz Borghardt Arlene Edwards Brent Hicks Maimuna Magee Rebecca Ricks Judy DeFraites Lisa Leslie Boudreaux Sandra Edwards Lee Higginbotham Darhlene Major Garth Ridge Brigette Piattoly Dan Boudreaux Wendy Edwards Brian Hightower Rip Manint Rob Rieger Sullivan Stolier Ralph Brewer Joycelyn Elmore Dathan Hill Carson Marcantel Diedre Robert & Resor, A.P.L.C. Brandon Brown Frank Endom Weldon Hill Earl Marcelle III Steve Roberts David Ware Jason Brown Dean Esposito Lexi Holinga Dave Marquette Jo Edna Roberts Katie Brown Nikki Essix-Manuel Frank Holthaus Joseph Martin Nicole Robinson Baton Rouge Bar Marsha Burden Randy Estes Kim Hood Dorsey Martin Peggy Robinson Association Linda Burke Floyd Falcon Robert Hoover Tim Martinez Carlos Romanach Mike Aaron Robert Burns Mark Falcon Susan Hurd Amy McInnis Victor Romero Thomas Acosta, Jr. Yolanda Cezar Richard Farmer Troy Jackson Mike McKay Joe Russell Steve Adams Taylor Caffery Mary Ann Felton Jay Jalenak, Jr. Gary McKenzie Vincent Saffiotti Dele Adebamaji Rob Campbell Kyle Ferachi Kevin James Kathleen McNelis Shane Sandifer Felicia Adebamaji Celia Cangelosi Michael Ferachi Deidra Johnson Donald Meltzer David Sanders Gail Adkins Gideon Carter Melanie Fields Eric Johnson Rhonda Mercadel Henri Saunders Denise Akers Jim Carver Franklin Foil Ryan Johnson Rodney Messina Lyn Savoie Alan Berteau Jamie Cashio Craig Fontenot Melanie Jones Keelus Miles Dan Schaneville Celia Alexander Durward Casteel Jamie Fontenot Chris Jones Eric Miller Dan Scheuermann Lawrence Christie Chapman Marcus Foote Laurie Kadair Redman David Mooney Robert Schmidt Anderson, Jr. Scott Chenevert Douglas Foster Patrick Kennedy Don Morgan Karl Scott Lorraine Andresen- Linda Clark Keith Friley Kyle Kershaw Robert Morgan Andrew Sellers, Jr. McCormick Amanda Clark Mark Fry Kina Kimble Sharon Morris Jamie Seymour David Andress Tom Clark Scott Gaspard Erik Kjeldsen Danielle Munro Al Shapiro Jarvis Antwine Linda Law Clark Todd Gaudin David Koch Dwayne Murray Kristina Shapiro
342 February / March 2007 Judge Melvin Shortess Don Brown Thomas “Rocky” Robert Kallam Legal Services of W. Paul Andersson Wade Shows Douglas Bryon Willson David Kaufman North Louisiana J. David Andress Angela Sibley Jeremy Cedars Zebulon Winstead Judy Kennedy Elaine Appleberry Kristine Smiley Lauren G. Coleman Don Knecht Paul Bairnsfather Scott B. Arceneaux Amelia Smith Eric Crooker Lafayette Volunteer Greg Koury James W. Berry Stephen F. Armbruster J. Arthur Smith Al Doggett Lawyers Gary Kraus Chester Bradley III Marrick Armstrong Shea R. Smith Mary Doggett Greg Landry R. Alan Breithaupt Wayne Aufrecht Ed Stauss Bradley Drell Glenn Armentor Linda Landry Donald R. Brown D. August-Gilmore Joe Stevenson Charles Elliott Gay Babin Matthew Lane Eric Buerger Michael Bagot, Jr. Stewart Spiellman Greg Engelsman Kyle Bacon Christopher Lee David I. Burkett Amy L. Baird Jennifer Stokes Susan Fiser Christopher Bailey Jim Leonard James Carroll A. Bowdre Banks, Jr. Nicole Streva Elvin Fontenot Richard Becker Christian Lewis Teresa Carroll Ernest J. Bauer Chad Sullivan Marion French Michael Beckers Kimberly Louper Louis Champagne Mark Beebe Mary E. Taylor Trevor Fry Shawn Benoit Pat Magee Eddi Clark Sarah Belter Parris Taylor George Gaiennie III Erin Beyer Olita Magee Theo Coenen III Patricia Benn-Abbey Casetha Tezanne Jonathan Gaspard Jack Bollinger Tim Maragos Malcolm DeCelle, Jr. Jeffrey W. Bennett Michael Theriot Katherine Geary Alfred Boustany Katie Martin Lauri Folk Michelle Bennett James Don Thomas John Geiger Michael Breaux Ben Mayeaux Jill Goudeau T. Darlene Bewley Jane Thomas Gary Hays Amy Brining Randall McCann Sam Henry IV Angela C. Blandino Joe Thompson William Henderson Marianna Broussard Matthew McConnell Hilary Hileman- Kurt Blankenship Dr. Clarence Thornton Laramie Henry Bridget Broussard Brandi McKenzie Hyacinth Michael P. Bono Angela Thornton David Hesser Steven Bullock Kristen Menard John B. Hoychick Frederick R. Bott Matthew Tierney Darrell Hickman Harry Burdette Kevin Merchant John B. Hoychick, Jr. Nan S. Bousfield Randal Toaston Donna Johnson Shawn Carter Richard Mere Robert C. Johnson Robert Boyce Greg Toney Robert Johnson Vandanna Chatavedi Jed Mestayer Jefferson Joyce Suzanne Boyle Margaret Tooke Jill Kelone Bianca Chretien Will Montz Stephen Katz Mary Howard Barry Toups Triston Knoll Jean-Paul Coussan Dawn Morris Evelyn Kelly Brandon Eboni Townsend Joseph Kutch Tracey Curtis Tony Morrow Michael Kramer Kasi Brannan Raedtha Vasquez Charles LaCroix Shannon Dartez Jeremy Morrow L. Douglas Lawrence Laurie Briggs-Young Vijay Venkataraman Lewis Lauve, Jr Kenneth Dejean Arthor Mouton Scott Lowery John J. Broders Heidi Vessel Madeline Lee Michelle DeLoach Frank X. Neuner, Jr. Anita Tennant-Mack Stan Broome Troy Villa Robert Levy Kevin Dills Jo Anne Nixon James E. Mixon Pat Browne Janice Villarrubia Maria Losavio André Doguet Kenny Oliver Alex Rankin Edwin E. Burks Denise Vinet Toni Martin Dean Doherty Randall Olson James E. Ross, Jr. Bob Burvant John Walsh Heather Mathews Elizabeth Dugal Shawn O’Neill John B. Saye Charlie Capdeville Mike Walsh Tom McBride Yvette Dumas John Ortego Richard Storms James K. Carroll Melanie Walters Dan McKay Tabitha Durbin James Pate Kenneth Trahan Martha L. Castillo Aub Ward LeAnne Melder Steven Durio Jeanne Perrin Woodrow Wilson Charles A. Cerise, Jr. James A. Wayne Barbara Melton Benjamin Durrett Mark Pharr Yumeaka Robinson- Nancy Chachere Alicia Wheeler Kay Michiels John Evans Peter Piccione, Jr. Washington William Cherbonnier Katherine Wheeler Paula Miles Brad Felder Steven Ramos Joseph E. Ching Anita White Eric Miller Julie Felder Oscar Reed Northwest Louisiana Tiffany Christian Judge Darrell White Alainna Mires Brad Frizzell Jason Reed Pro Bono Project Ezra Church Prentice White James Mitchell Dawn Fuqua Dona Renegar Lisa E. Ciolino Jack Whitehead, Jr. Brian Mosley Jason Garrot Gary Russo Kent Gill Susan Clade Erin Wilder-Doomes Harold Murry Sarah Giddens Vincent Saitta Mark E.Gilliam Lawrence Cohen Travis Wilkinson Thomas Papale David Gooch Jocelin Sias Richard E. Hiller Donald Collins Adrian Wilson William Polk II Cole Griffin Nick Sigur E. Ray Kethley Matthew B. Karli Wilson Stephanie Prestridge Randy Guidry Maggie Simar David Rabb, Jr. Collins, Jr. Anthony Winters Cory Roy Leah Guilbeau Louis Simon Alex Rubenstein Michael Conroy Rebecca Wisbar Jacques Roy Mary Hamilton Frank Slavich Steven E. Soileau Angela Conyers Jeff Wittenbrink Ron Seastrunk Franchesca Diane Sorola David A. Szwak Steven Copley T. MacDougall Lucy Sikes Hamilton-Acker Grady Spears G. Warren Thornell Alayne R. Corcoran Womack Christie Smith IV Lisa Hanchey Kenneth St. Pe Philip A. Costa Victor Woods Laura Sylvester Paul Hawley Jan Swift The Pro Bono Wayne T. Crochet Robert Wooley Randy Tannehill Jeremy Hebert John Swift Project Meredith Cunningham Stacey Wright Paul Tellarico Thomas Hightower Mark Thompkins (New Orleans) Mark Cunningham Andrew Texada Haoi Hoang Tiffany Thornton Allison Dalton Central Louisiana Graves Theus, Jr. James Hollier Robert Torian Ryan Acomb Chris D’Amour Pro Bono Project Brian Thompson Charley Hutchens Doug Truxillo Dwight Acomb Rebecca Dean Valerie Thompson Allison Hymel Rye Tuten Ali Adams Harold E. Dearie II John Anderson Mark Vilar Janie Jackson Andrew Veazey Patricia Adams Cary Deaton Stacy Auzenne Gus Voltz III John Jefcoat Patrick Wartelle Janet Ahern S. Guy Delaup Barry Barnett Thomas Wahlder Robin Jones Scott Weber Beverly Aloisio Winifred Delery Lottie Bash Scott Westerchil Paul Matthew Jones Cassie Willis Richard D. Alvarez Mary Devereux Roger Breedlove Laurel White Thomas Juneau Mike Wooderson Ernestine Anderson- Brian Devoss Dorrell Brister Judith Williams Patrick Juneau Jonathon Woods Trahan Jamie Domilise
Louisiana Bar Journal Vol. 54, No. 5 343 Louis Douglas Richwell Ison Harry Molaison James F. Shuey Southwest Louisiana Karen McLellan Anthony P. Dunbar Lakeisha Jefferson Luz Molina Stanton E. Shuler, Jr. Legal Services Todd Melton Thomas E. Dunn Jane Jenson John Marron Monsour Margaret M. David Morgan Richard G. Heather Jermak Kim Moore Silverstein C. Kerry Anderson Corlissa Nash Duplanier, Jr. Henry Julien Stephen Moore Elizabeth Sirgo Robin Anderson Lyla Neelis Nancy Durant Christy Kane Alexandra Mora Dwayne P. Smith Brian Arabie James Nieset Mavis Early Charlene Kazan Mark Morice Suzette M. Smith Theresa Barnatt Arthur J. O’Keefe Dow Michael Edwards McNeil Kemmerly Edith H. Morris Lawrence J. Sorohan II Edward Bauman Jim Ortego Jeanette Engeron Robert P. Kemp Jalonda M. Morris Julia Spear J. Gregory Bergstedt Richard C. Robert Fadaol David H. Kennedy Roderick Morris Christina Sprecher John E. Bergstedt Oustalet, Jr. Marion Farmer Inez Kerth Yolanda Moton Erin Miller Springer Michelle D. Bradley Hardy Parkerson Faun Fenderson Sonjia Kirk David Moyer Myles Steib David P. Bruchhaus Toni Petrofes Shera Finn Karen Kovach Edward Mozier Raymond S. Steib, Jr. James Cain, Jr. Scott J. Pias Robert Fleischman David Krebs Seth Nehrbass A. Wendel Stout Kevin Camel Larry Pichon Tracey Flemings Holm Kristie Charles W. Nelson David Strauss Michael Carleton John Pohorelsky Marion Floyd Dave Kurtz Glenn C. Newbauer Julie Sumrall Andrew Casanave Joseph Pousson John Fontenot Jennifer Labourdette Kinisha Nixon-Rice Mark C. Surprenant Gerald Casey Brittany Pryor Jerry Fontenot Greg Lacour John B. Noble Danyelle M. Taylor Carla Chrisco Carl J. Rachal Randall K. Foreman Cynthia Lain Robert B. Nolan Dugas-Rozier Terrance John Coffman Betty A. Raglin Darryl Foster Jonathan M. Lake Joe B. Norman Jeffrey J. Thomas Jeffrey Cole Paul Reggie Kurt Garcia Robert Landry Eric R. Nowak Alphonse M. Michael Dees Joyce Richard J. Warren Gardner David Landry Andrew M. Ovi Thompson, Jr. Mark Delphin Annette Roach Julie Anne Gardner Etienne Lapeyre Alina Pagani Scott Tillery James F. DeRosier Jennifer Robinson Francis T. Garlick Katie Lasky Nancy Penton Olivia D. Toth Phillip Devilbiss Walter Sanchez Michael J. Gautier, Jr. Edmund Latour Marilyn Pepper William D. Treeby David Dwight Ikuko Sano Kenneth Gelpi, Jr. Joseph Lavigne Cynthia Petry Michael A. Tusa Stephen Dwight Oliver Schrumpf Louis Gerber Bernadette Lee Clifford E. Poche R. Collins Vallee Margaret A. Edwards Michael Schwartzberg Pamela Gibbs Erica Lee Kyle Potts Stephen V. Vallot Mitchell M. Evans II Van Seneca Kelly Gilmore Robert Lehman Phyllis Puglia Roland Vandenweghe John Everett Lou Sherman Kevin Gipson Richard B. Levin H. Phillip Janis Van Meerveld John Fitz-gerald Carla Sigler Brigid Glorioso Frank Liantonio Radecker, Jr. Cherish Vanmullem Todd Fontenot John J. Simpson Richard Goins Claude C. Jane C. Raiford Michael L. Vincenzo L. Paul Foreman Chantell M. Smith Stacey Gonzales Lightfoot, Jr. Chris Ralston Henry R. Vogt III Randy Fuerst Thomas J. Solari Cecile Gordon Charles Long Russell B. Ramsey Dorothy Waldrup Patrick Gallaugher Shayna Sonnier Edward Gothard Bettie Louie Tracey Rannals Ralph H. Wall Jamie Gary Jackey South Thomas E. Gottsegen William Lurye Susan Repasky Raymond Ward Jennifer Gary Pam Spees David Greenberg Phillip Lynch Jerome Reso Anita Warner LaWanda B. Gibson Russell J. Stutes Richard Greenland Timothy Madden Gayle Reynolds Daniel A. Webb Brian F. Gill William Thornton Phyllis Gremillion James Maguire John McEnery Gerald P. Webre Tom Gray Thomas Townsley Samantha Griffin Suzanne S. Mahoney Robertson Andrew Webster Joe Green Christopher Trahan Alice J. Grooms Jedd Malish Sharon Rodi Michael F. Weiner Donald L. Guidry Telotha Trosclair Mark L. Gundlach Aaron Marcus Frank James John B. Wells Kendrick J. Guidry Eugenie Tullos Thomas Hamrick Anthony L. Marinaro Romaguera III Elizabeth Wheeler Cynthia Guillory H. David Vaughn II Robert P. Harper Joshua Martin Don A. Rouzan Charles H. White Carl H. Hanchey Paul L. Veazey, Jr. Shirin Harrel Tricia A. Martinez Stacey G. Roussell Frazilia Wiggins Tara Hawkins Ginger Vidrine Patricia Harris Lisa Matthews James Scott Ruel Carl V. Williams Thomas Henning Lance Vinson Ben Hatfield Alyssa Maurice- Joseph Paul Rumage Charles D. Williams David Hoskins Christina White Jan M. Hayden Anderson Kim M. Russell Joseph P. Williams, Jr. Chris Ieyoub David J. Williams Charlotte Hayes Stephanie May Beau P. Sagona Robert E. Williams Andrew R. Johnson Robert J. Williams Jessica Hayes Michael A. Mayhall Jean-Phillip Ronald L. Wilson Kathleen Kay Sharon Wilson Peck Hayne John McAuliffe, Jr. Saint-Louis Dorothy H. Wimberly Gregory Klumpp K. Michael Wright Stacy S. Head Allison Dalton Stefani W. Salles Jesse L. Wimberly III Leonard Knapp, Jr. James K. Yelverton Michael Helm McCammon Alex Saunders Juana Winfield Leslie Knox Bart R. Yakupzack Arthur Hickham Jackie M. McCreary Rusty Savoie Rachel Wisdom Jody Lavergne Baggett, McCall, Michele Higgins Eugene M. Lane Schaffer Bluma F. Wolfson G. Coleman Lee Burgess, Watson John M. Holahan, Sr. Mceachin, Jr. Charles W. Schmidt III Laurence Wong Robert A. Little & Gaughan Justin Holmes Glenn C. McGovern Scott Schneider Robert Wood, Jr. Winfield Little, Jr. Calcasieu Parish Kerrie A. Holmes- Donald McKinney Nyka Scott Robert L. Thomas Lorenzi Sheriff’s Office Johnson Mark L. McNamara Douglas Scotti Wollfarth, Jr. Matthew Lundy Plauche, Smith Bill Howard Jean Meaux Debbie Segal Holly Wylam Joel Lutz & Nieset Douglas Howard Lisa Merz Gary Sells Dean Yellin P. Michael Maneille Southwest Louisiana Vera Huang Conrad Meyer IV Amy Seltzer Rosalind Young Greg Marceaux Legal Services D. Conrad Hultquist Jeanette Mills Paige Sensenbrenner Judge Jay Zainey William T. McCall Society, Inc. Julie Hunt David P. Minvielle Stephen H. Shapiro Terrence McCay Stockwell, Sievert, Sharon Hunter R. Judson Mitchell, Jr. John Shreves Robert McCorquodale Viccellio, Clements Natacha Hutchinson Soultana Mixakis H. Bruce Shreves V. Ed McGuire III & Shaddock R. Michael McHale
344 February / March 2007 Executive Office LSBA Staff Loretta Larsen, CAE Executive Director Loretta is responsible for the overall ad- Contacting Staff Members ministration of the Association’s activi- ties. She works closely with the officers, by Phone, Fax and E-mail Board of Governors and House of Del- egates on the LSBA’s programs and op- erations. Loretta works with the leader- for ordering all Bar Center supplies. She ship on strategic and financial planning. also assists staff members by performing Loretta Larsen, She manages the staff and generally over- any bulk copying and large copy projects, CAE sees the day-to-day operations of the including material for the Board of Association. Loretta joined the Bar as Governors and House of Delegates. communications and programs director direct phone: (504)619-0114 in 1986 and was promoted to her current toll-free phone: (800)421-5722, ext. 114 position in 1991. fax: (504)528-9312 direct phone: (504)619-0113 e-mail: [email protected] toll-free phone: (800)421-5722, ext. 113 fax: (504)566-0930 Access to Justice Department e-mail: [email protected] Monte T. Mollere Ramona K. Meyers Access to Justice Director Executive Assistant Monte has been with the Access to Jus- Ramona works closely with the execu- tice program since its inception and coor- tive director in providing staff support to dinates the efforts of the Association and the Board of Governors and House of the Louisiana Bar Foundation in provid- Ramona K. Delegates. In addition, she manages the Meyers ing a stronger statewide system of deliv- Louisiana Bar Center and coordinates ery of legal services to the poor. Working the LSBA’s annual elections. Ramona with the Access to Justice Committee, he joined the staff in 1994. provides a forum for legal services and Monte T. Mollere direct phone: (504)619-0115 pro bono providers to network. Monte toll-free phone: (800)421-5722, ext. 115 joined the staff in 1997. fax: (504)566-0930 direct phone: (504)619-0146 e-mail: [email protected] toll-free phone: (800)421-5722, ext. 146 fax: (504)566-0930 Brandi Heitkemper e-mail: [email protected] Receptionist Brandi is the first person callers and Linda K. Johnson Brandi guests encounter when they phone or Access to Justice Statewide Heitkemper visit the Louisiana Bar Center. She an- Technology Coordinator swers routine questions, but primarily routes Linda coordinates technology initiatives calls to the appropriate individuals or de- for the Louisiana legal services provid- partments. She joined the staff in 2006. ers. She works with the Access to Justice direct phone: (504)566-1600 Technology Subcommittee and is respon- toll-free phone: (800)421-5722 sible for developing a statewide technol- fax: (504)528-9312 ogy plan to benefit the nonprofit legal e-mail: [email protected] services providers in Louisiana. Linda Linda K. Johnson joined the staff in 2003. Carolyn Nunez direct phone: (504)619-0123 General Clerk toll-free phone: (800)421-5722, ext. 123 Carolyn handles all mailings originating Carolyn Nunez fax: (504)528-9154 from the Bar Center and is responsible e-mail: [email protected]
Louisiana Bar Journal Vol. 54, No. 5 345 Stephanie McLaughlin toll-free phone: (800)421-5722, ext. 121 Access to Justice Training fax: (504)566-0930 Coordinator e-mail: [email protected] Stephanie serves as the statewide coordinator of legal training and Kim M. Lane education for Louisiana legal services Member Records Coordinator providers. She is responsible for planning Kim handles all membership data proce- continuing legal education events on dures including address changes, requests topics of particular interest to public for certificates of good standing and new Stephanie interest attorneys. She works closely with and replacement membership cards, and McLaughlin legal services providers, task forces, the handles requests for rental of member- Access to Justice Committee and the ship lists. She joined the staff in 2000. LSBA’s CLE department. Additionally, direct phone: (504)619-0125 she works with the Access to Justice toll-free phone: (800)421-5722, ext. 125 Kim M. Lane director on other ATJ projects as fax: (504)566-0930 necessary. Stephanie joined the staff in e-mail: [email protected] 2006. direct phone: (504)619-0148 Susan T. Heflin toll-free phone: (800)421-5722, ext. 148 Accounting Coordinator fax number: (504)566-0930 Working closely with the director of ad- e-mail: [email protected] ministration, Susan maintains section bank accounts and provides departmen- Oscar D. Avila tal clerical and administrative support. Access to Justice Administrative She joined the staff in 2000. Assistant direct phone: (504)619-0103 Oscar works closely with the Access to toll-free phone: (800)421-5722, ext. 103 Justice director in coordinating and fax: (504)566-0930 Susan T. Heflin facilitating the work of the LSBA’s e-mail: [email protected] Access to Justice Committee and the projects developed to foster a strong Maryja Serigny comprehensive statewide system for the Member Records Secretary Oscar D. Avila delivery of legal services. Oscar joined Maryja devotes most of her time to pro- the staff in 2006. cessing Attorney Registration Statements direct phone: (504)619-0106 and updating the membership database. toll-free phone: (800)421-5722, ext. 106 She also assists other department mem- fax: (504)566-0930 bers as workloads merit. She joined the e-mail: [email protected] staff in 2005. direct phone: (504)619-0120 toll-free phone: (800)421-5722, ext. 120 Administration Department Maryja Serigny fax: (504)566-0930 Denise N. Tingstrom e-mail: [email protected] Administration Director Denise is responsible for all financial Sharon Matrana operations and for oversight of member- Member Records Assistant ship procedures. She works closely with Sharon assists in updating and maintain- the treasurer, executive director and the ing the member data in the membership external auditors. Denise joined the staff database and provides departmental sup- in 1989 as assistant bookkeeper, was port. Sharon joined the staff in 2006. promoted to bookkeeper/membership direct phone: (504)619-0101 coordinator in 1990 and became a direc- toll-free phone: (800)421-5722, ext. 101 Denise N. fax: (504)566-0930 Tingstrom tor in 1998. direct phone: (504)619-0121 e-mail: [email protected] Sharon Matrana
346 February / March 2007 Communications Bar Journal and “Bar Briefs,” specifi- cally by coordinating publication and Department advertising schedules and by providing general clerical and administrative sup- Brooke Monaco port. Krystal joined the staff in 2006. Communications Director direct phone: (504)619-0131 Brooke directs the Association’s com- toll-free phone: (800)421-5722, ext. 131 munications efforts, including the Loui- fax: (504)566-0930 siana Bar Journal, “Bar Briefs,” the An- e-mail: [email protected] nual Report and the Web site. She also serves as the primary staff liaison to the state’s local and specialty bar associa- Law-Related Education tions, organizes media coverage for the Department Brooke Monaco LSBA’s activities and serves as staff liaison to the Public Information Com- Maria Yiannopoulos mittee and the Community Action Com- Law-Related Education Director mittee. She joined the staff in 2006. Maria has been the executive director of direct phone: (504)619-0118 the Louisiana Center for Law and Civic toll-free phone: (800)421-5722, ext. 118 Education since it was founded in 1993. fax: (504)566-0930 She joined the LSBA staff in 1998 when e-mail: [email protected] the Center affiliated with the Bar Asso- ciation. Maria coordinates law-related Darin P. Trittel education in schools and conducts train- Web Administrator ing workshops for both educators and Maria Darin coordinates and manages the tech- lawyers. She also writes the grants that Yiannopoulos nical aspects of the Louisiana State Bar provide the funding for the Center’s ad- Association’s Web site, LSBA.org, and ministration and programs. recommends and implements existing and direct phone: (504)619-0124 Darin P. Trittel emerging technologies to accomplish the toll-free phone: (800)421-5722, ext. 124 Association’s goals utilizing the Web fax: (504)569-8766 site. Darin joined the LSBA staff in 2000. e-mail: [email protected] direct phone: (504)619-0136 toll-free phone: (800)421-5722, ext. 136 Membership Services fax: (504)566-0930 e-mail: [email protected] Department
Darlene M. LaBranche Germaine A. Tarver Publications Coordinator Membership Services Director Darlene has primary responsibility for Germaine’s three main areas of responsi- writing, editing and design of the Louisi- bility are: providing staff support to the ana Bar Journal, “Bar Briefs” and the e- Young Lawyers Section; coordinating Darlene M. the LSBA’s legislative initiatives; and LaBranche newsletter “Louisiana Bar Today.” After working on LSBA publications on a con- planning Annual and Midyear Meetings, tract basis since 1993, she joined the full- as well as other major Association events. time staff in 2004. She also serves as staff liaison to several direct phone: (504)619-0112 committees and is the contact person for Germaine A. toll-free phone: (800)421-5722, ext. 112 the LSBA’s member benefit programs. Tarver fax: (504)566-0930 She joined the staff as marketing coordi- e-mail: [email protected] nator in 2002 and was promoted to her current position in 2005. Krystal Bellanger direct phone: (504)619-0117 Communications Assistant toll-free phone: (800)421-5722, ext. 117 fax: (504)528-9154 Krystal Bellanger Krystal assists the communications di- rector with publication of the Louisiana e-mail: [email protected]
Louisiana Bar Journal Vol. 54, No. 5 347 Christine A. Richard Richard P. Lemmler, Jr. Section and Committee Coordinator Ethics Counsel Christine has primary responsibility for Richard works with the Ethics Advisory providing staff support to the Service Committee to render informal, Association’s voluntary sections and non-binding ethics opinions to members serves as liaison to the Section Council. of the Bar to assist them in resolving She also works closely with the member- ethical dilemmas that arise in their prac- ship services director on committee ad- tices. He also works with the Lawyer ministration. She joined the staff in 1995 Advertising Advisory Service Committee Christine A. and was promoted in 2000. to render informal, non-binding opinions Richard P. Richard direct phone: (504)619-0105 to Bar members regarding their advertis- Lemmler, Jr. toll-free phone: (800)421-5722, ext. 105 ing-related issues. He joined the staff in fax: (504)528-9154 2002, after practicing law in New Orleans e-mail: [email protected] for 14 years as a solo general practitioner. direct phone: (504)619-0144 Professional Programs toll-free phone: (800)421-5722, ext. 144 fax: (504)598-6753 Department e-mail: [email protected]
Cheri Cotogno Grodsky Eric K. Barefield Professional Programs Director Deputy Practice Assistance Counsel Cheri oversees the Association’s profes- Eric works in the administration of the sional programs, including Practice As- Practice Assistance and Improvement sistance and Continuing Legal Educa- Program. He joined the staff in November tion. She also works with the Client As- 2005, after working with the Office of sistance Foundation and Professional- Disciplinary Counsel for seven years. He ism and Quality of Life Committee. She also worked as an assistant district attorney is responsible for the development, imple- for three years with the Orleans Parish Cheri Cotogno mentation and operation of the Practice District Attorney’s Office. He is responsible Eric K. Barefield Grodsky Assistance and Improvement Program. for the administration of the Law Office Cheri works with the CLE Program Com- Management Assistance Program. mittee and has financial oversight for the direct phone: (504)619-0122 Association’s CLE seminars. toll-free phone: (800)421-5722, ext. 122 direct phone: (504)619-0107 fax: (504)598-6753 toll-free phone: (800)421-LSBA, ext. 107 e-mail: [email protected] fax: (504)598-6753 e-mail: [email protected] Annette C. Buras CLE Coordinator William N. King Annette works with the professional pro- Practice Assistance Counsel grams director and CLE Program Com- Bill works closely with the professional mittee to plan and implement approxi- programs director in the administration mately 25 seminars each year. She handles of the Practice Assistance and Improve- site selection, coordination of promo- ment Program. He is responsible for the tional materials and communications with administration of the LSBA Fee Dispute committee members and speakers. She also Resolution Program and the LSBA Opin- handles processing of registrations for Bar- Annette C. Buras ion Service. Bill joined the staff in 2000 sponsored CLE seminars and works on site William N. King after working for seven years as deputy at Bar-sponsored seminars. Annette joined disciplinary counsel with the Office of the staff as receptionist in 1992 and was Disciplinary Counsel. promoted to her current position in 2006. direct phone: (504)619-0109 direct phone: (504)619-0102 toll-free phone: (800)421-5722, ext. 109 toll-free phone: (800)421-5722, ext. 102 fax: (504)598-6753 fax: (504)598-6753 e-mail: [email protected] e-mail: [email protected]
348 February / March 2007 Connie P. Sabio Dale C. LeBlanc Administrative Assistant Ethics Assistant Connie provides clerical support and Dale provides administrative support and works closely with the professional pro- works closely with ethics counsel in the grams director in the administration of operation of the Ethics Advisory Ser- the diversionary programs, the lawyer/ vice. She joined the staff in 2003. client assistance program and other pro- direct phone: (504)619-0143 fessional programs. She joined the staff toll-free phone: (800)421-5722, ext. 143 in 1998 after working for the Louisiana fax: (504)598-6753 Connie P. Sabio Attorney Disciplinary Board for five e-mail: [email protected] Dale C. LeBlanc years. direct phone: (504)619-0108 Vacant toll-free phone: (800)421-5722, ext. 108 CLE Program Administrative fax: (504)598-6753 Assistant e-mail: [email protected] This person handles processing of regis- trations for Bar-sponsored CLE semi- Kristy G. DelValle nars, as well as requests for seminar in- Practice Assistance Secretary formation and/or publications. This per- Kristy provides clerical support and son also works on site at Bar-sponsored works closely with practice assistance seminars. counsel in the operation of the Practice Assistance and Improvement Program Specialization Department and LSBA Fee Dispute Resolution Pro- gram. Kristy joined the staff in 1998 and Catherine S. Zulli worked with the administration director Specialization Board Director Kristy G. DelValle until assuming this position in 2000. Working closely with the Supreme Court- direct phone: (504)619-0110 appointed Louisiana Board of Legal Spe- toll-free phone: (800)421-5722, ext. 110 cialization, Cathy is responsible for the fax: (504)598-6753 overall administration of the legal spe- e-mail: [email protected] cialization program. She joined the staff in 1990 as member services assistant and Wendy S. Roberts was promoted to her current position in Practice Assistance Secretary 1995. Catherine S. Zulli Wendy provides clerical support and direct phone: (504)619-0128 works closely with practice assistance toll-free phone: (800)421-5722, ext. 128 counsel in the operation of the Practice fax number: (425)940-0470 Assistance and Improvement Program. e-mail: [email protected] She also provides assistance with Bar- sponsored CLE seminars. She joined the staff in 2000 as an MCLE secretary. Wendy S. Roberts direct phone: (504)619-0135 toll-free phone: (800)421-5722, ext. 135 fax: (504)598-6753 e-mail: [email protected]
Louisiana Bar Journal Vol. 54, No. 5 349 AssociationACTIONS ELECTION. . . SPECIALIZATION
“Online-Only” Voting Nominating Committee Attorneys Qualify as Ends March 5 Board-Certified Specialists District 1A Donald R. Abaunza In accordance with the requirements “Online-only” voting ended March 5. Brent B. Barriere Members were voting in four runoff races of the Louisiana Board of Legal Special- Ronald J. Sholes ization, as approved by order of the Loui- and on an amendment to the Articles of Phillip A. Wittmann Incorporation allowing the House of Del- siana Supreme Court, the following mem- egates to adopt rules of procedure. As of bers of the Louisiana State Bar Associa- District 2A tion have satisfactorily met the estab- presstime, the voting results were not Frank A. Fertitta available. To review all results, go to: lished criteria and are qualified as board- certified specialists in the following ar- www.lsba.org. District 2B Other results in the first round of vot- eas for a five-year period beginning Jan. William “Chuck” Credo III 1, 2007, and ending Dec. 31, 2011. ing follow. Mickey S. deLaup Runoff Races Consumer Bankruptcy Law District 2C Elizabeth G. Andrus ...... Lafayette Nicholas J. Zeringue Board of Governors Hilary Beth Bonial ...... Dallas, Texas First Board District District 3A Family Law Beth E. Abramson Lawrence “Larry” P. Simon, Jr. Paul B. Deal Teresa Culpepper Carroll .... Jonesboro Desiree Duhon Dyess ...... Natchitoches District 3E David C. Hesser...... Alexandria Nominating Committee Thomas G. Zentner, Jr. District 2A William D. Grimley Tax Law Young Lawyers Section Secretary Lance J. Kinchen ...... Baton Rouge Sheral C. Kellar Melanie M. Mulcahy Estate Planning and Administration ABA House of Delegates Young Lawyers Section Council Elizabeth A. Alston Mark W. Fry ...... Baton Rouge Daniel E. Becnel, Jr. Valerie Van Matherne ...... Monroe First Board District Joseph Mengis ...... Baton Rouge Walter J. Leger III Young Lawyers Section Council Dawn M. Rawls ...... Baton Rouge Second Board District Chris A. Verret ...... Lafayette Fifth Board District Jennifer L. Zeringue Carla S. Courtney Fourth Board District The Louisiana Board of Legal Spe- Erin Marie Lorio Joel M. Lutz cialization (LBLS) was established Aug. Eighth Board District 6, 1993, by the Louisiana Supreme Court Certified-Elected Karelia R. Stewart to assist consumers in finding a lawyer who has demonstrated ability and experi- Board of Governors Articles of Incorporation Amendment ence in specialized fields of law. To Insert in-house counsel rule as Article become a certified specialist, an attorney Fourth Board District IV, Section 3 of the Articles of Incorpo- must be an active member of the Louisi- John F. Robichaux ration and that the section on inactive ana State Bar Association, have a mini- members be renumbered as Section 4, mum of five years of full-time practice, Fifth Board District and that all subsequent sections be ap- demonstrate substantial experience in the James E. Boren propriately renumbered. specialty area, and pass a written exami- For 2,191 nation. Presently, the five areas of law for Against 187 which the LBLS is offering certification
350 February / March 2007 are business bankruptcy law, consumer bankruptcy law, estate planning and ad- Letters to the Editor Policy ministration, family law and tax law. Applications for 2008 certification in consumer bankruptcy law, business bank- 1. At the discretion of the Editorial Board (EB), letters to the editor are published in the ruptcy law, estate planning and adminis- Louisiana Bar Journal. tration, family law or tax law may be obtained by e-mail ([email protected]) or 2. If there is any question about whether a particular letter to the editor should be by calling (480)699-0786. published, the decision of the editor shall be final. If a letter questioning or criti- cizing Louisiana State Bar Association policies, rules or functions is received, the editor is encouraged to send a copy of that letter to the appropriate entity for reply MCLE Transcripts Available within the production schedule of the Louisiana Bar Journal. If the editor deems Online on March 12 it appropriate, replies may be printed with the original letter, or in a subsequent issue of the Louisiana Bar Journal. Final transcript records will be avail- able online for all members who are 3. Letters should be no longer than 200 words. compliant for the MCLE reporting term ending Dec. 31, 2006. The official tran- 4. Letters should be typewritten, signed and, if applicable, include LSBA member script will be posted and downloadable number, address and phone number. Letters from non-members of the LSBA also on March 12. An e-blast is being sent to will be considered for publication. Unsigned letters are not published. the membership with this information. Postcards will be sent to members with no 5. Not more than three letters from any individual will be published within one year. e-mail addresses, advising them to go online to download their transcript records. Non- 6. Letters also may be clarified or edited for grammar, punctuation and style by staff. compliance notices will be mailed to the In addition, the EB may edit letters based on space considerations and the number appropriate members in April. and nature of letters received on any single topic. Editors may limit the number of letters published on a single topic, choosing letters that provide differing perspec- tives. Authors, editorial staff or other State Bar representatives may respond to letters to clarify misinformation, provide related background or add another per- ,BZ&%POOFMMZ spective. "TTPDJBUFT 7. Letters may pertain to recent articles, columns or other letters. Letters responding $FSUJmFE$PVSU3FQPSUFST to a previously published letter should address the issues and not be a personal 'VMM4FSWJDF attack on the author. $PVSU3FQPSUJOH'JSN $PNQMFUF-JUJHBUJPO4VQQPSU 8. No letter shall be published that contains defamatory or obscene material, violates )0634&37*$& the Rules of Professional Conduct or otherwise may subject the LSBA to civil or criminal liability. 7JEFP%FQPTJUJPOT 7JEFP$POGFSFODJOH 9. No letter shall be published that contains a solicitation or advertisement for a 3FBM5JNF5SBOTDSJQUJPO commercial or business purpose. $PNQMFUF$PNQVUFSJ[FE4FSWJDFT $POGFSFODF3PPN 10. Letters may be submitted: by mail (send a hard copy and disk); .QRZOHGJHDEOH by fax (mail a disk); (IILFLHQW or e-mail (preferred). 'HGLFDWHG Mail to: Louisiana State Bar Association, Attn: Louisiana Bar Journal, 601 St. Charles Ave., New Orleans, LA 70130-3404. 4VJUF&OFSHZ$FOUSF 1IPOF Fax to (504)566-0930, Attn: Louisiana Bar Journal. 1PZESBT4USFFU 5PMM'SFF /FX0SMFBOT -" 'BY E-mail to [email protected]. FNBJMLBZEPOO!CFMMTPVUIOFU
Louisiana Bar Journal Vol. 54, No. 5 351 Lawyer Specialization Available in 5 Areas The Louisiana Board of Legal Specialization is accepting applications for 2008 certification in the following areas: Busi- ness Bankruptcy Law,* Consumer Bankruptcy Law,* Estate Application: Bankruptcy Law Certification Planning and Administration, Family Law and Tax Law. In accordance with the Plan of Legal Specialization, any The Louisiana Board of Legal Specialization (LBLS) Louisiana State Bar Association member who has been engaged has announced that applications for 2008 certification in in the practice of law on a full-time basis for a minimum of five both Business Bankruptcy Law and Consumer Bank- years may apply for certification. The five-year practice re- ruptcy Law will be accepted through Sept. 28, 2007. quirement must be met for the period ending Dec. 31, 2007. A Both certifications may be simultaneously applied for further requirement is that each year a minimum of 35 percent with the LBLS and the American Board of Certification, of the attorney’s practice must be devoted to the area of the testing agency. Information concerning the American certification sought. Board of Certification will be provided with the LBLS In addition to the above, applicants must meet a minimum application form(s). CLE requirement for the year in which application is made and If you meet the minimum five-year, full-time practice the examination is administered: requirement and are interested in applying, mail or e-mail Estate Planning and Administration — 18 hours of estate planning law. the following information to: Family Law — 18 hours of family law. Tax Law — 20 hours of tax law. Catherine S. Zulli, Executive Director Bankruptcy Law — CLE is regulated by the ABC, the testing Louisiana Board of Legal Specialization agency. 601 St. Charles Ave., New Orleans, LA 70130-3404 E-mail [email protected] • phone (480)699-0786 * Applications for Business Bankruptcy Law and/or Consumer Bankruptcy Law certification will be accepted through Septem- PLEASE PRINT OR TYPE ber 2007. Although the written test(s) is administered by the American Board of Certification, attorneys should apply for approval of the Louisiana Board of Legal Specialization simul- Name taneously with the testing agency in order to avoid delay of Address board certification by the LBLS. Information concerning the American Board of Certification will be provided with the City/State/Zip application form(s).
Legal Specialization Please check either or both:
Deadline for accepting applications for estate planning and ____ Business Bankruptcy Law administration, family law and/or tax law certification is April ____ Consumer Bankruptcy Law 16, 2007. To receive an application, complete the following:
PLEASE PRINT OR TYPE The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S. 256) adds an important new Name tool that will help bankruptcy courts ensure that attorneys Address paid by bankruptcy estates have the skill and expertise City/State/Zip required for modern bankruptcy practice. The law now Please indicate area of certification desired expressly authorizes bankruptcy judges to base their fee awards on whether the lawyer has met the high objective Mail or e-mail to: standards needed to become board certified. Catherine S. Zulli, Executive Director Louisiana Board of Legal Specialization 601 St. Charles Ave., New Orleans, LA 70130-3404 e-mail [email protected] • phone (480)699-0786
352 February / March 2007 COMMITTEE PREFERENCES / Get Involved in Your Bar!
Committee assignment requests are now being accepted for the 2007-08 Bar year. The current committees of the Louisiana State Bar Association are listed below and on page 354. Louisiana State Bar Association President-Elect S. Guy deLaup will make all committee 2007-08 Committee Preference Form appointments. Widespread participation is encouraged in all Bar programs and activities. Appointments to committees are Please indicate below your committee preference(s). If you are not guaranteed, but every effort will be made to accommodate interested in more than one committee, please list in 1-2-3 members’ interests. When making selections, members should preference order. consider the time commitment associated with committee assignments and their availability to participate. The deadline Please Print or Type for committee assignment requests is March 15. ____ Access to Justice ____ Alcohol and Drug Abuse Access to Justice Committee ____ Bar Governance The mission is to support and help strengthen an integrated ____ Client Assistance Fund statewide network to increase the delivery of legal services to ____ Community Action the poor of Louisiana. ____ Continuing Legal Education Program ____ Crystal Gavel Awards Committee on Alcohol and Drug Abuse ____ Diversity The mission is to protect the public by assisting, on a confiden- ____ Group Insurance tial basis, lawyers and judges who have alcohol, drug, gambling ____ Legal Malpractice Insurance and other addictions. The committee works with the Lawyers ____ Legal Services for Persons with Disabilities Assistance Program, Inc. to counsel, conduct interventions and ____ Legislation locate treatment facilities for impaired lawyers, and to monitor ____ Medical/Legal Interprofessional recovering attorneys and attorneys referred by the Louisiana ____ Practice Assistance and Improvement Attorney Disciplinary Board or Office of Disciplinary Counsel. ____ Professional Assessment ____ Professionalism and Quality of Life Bar Governance Committee ____ Public Access and Consumer Protection The mission is to ensure effective and equitable governance of ____ Public Information the Association by conducting an ongoing evaluation of rel- ____ Right to Counsel evant procedures and making recommendations to the House of ____ Rules of Professional Conduct Delegates regarding warranted amendments to the Association’s ____ State Bench/Bar Articles of Incorporation and/or Bylaws. ____ Technology Client Assistance Fund Committee Response Deadline: March 15, 2007 The mission is to protect the public and to maintain the integrity of the legal profession by reimbursing, to the extent deemed Download and complete this form and mail/fax to: appropriate, losses caused by the dishonest conduct of any licensed Louisiana lawyer practicing in this state. Germaine A. Tarver, Membership Services Director Louisiana State Bar Association Community Action Committee 601 St. Charles Ave., New Orleans, LA 70130-3404 The mission is to serve as a catalyst statewide for lawyer community involvement through charitable and other public service projects. fax (504)528-9154 Continuing Legal Education Program Committee The mission is to fulfill the Louisiana Supreme Court mandate LSBA Bar Roll Number of making quality and diverse continuing legal education oppor- Name tunities available at an affordable price to as many members of Address the Louisiana State Bar Association as possible. City/State/Zip Crystal Gavel Awards Committee Telephone The mission is to solicit and review nominations for the Crystal Fax Continued Next Page
Louisiana Bar Journal Vol. 54, No. 5 353 Committees continued from page 353 Practice Assistance and Improvement Committee The mission is to serve the Bar and the public in furtherance of Gavel Awards, and to make recommendations to the Board of the Association’s goals of prevention and correction of lawyer Governors for recipients of these awards. The awards recognize misconduct and assistance to victims of lawyer misconduct by outstanding lawyers and judges who have been unsung heroes evaluating, developing and providing effective alternatives to and heroines in their communities by performing volunteer discipline programs for minor offenses, educational and prac- services out of duty, responsibility and professionalism. tice assistance programs, and programs to resolve minor com- plaints and lawyer/client disputes. Diversity Committee The mission is to assess the level of racial, ethnic and gender Professional Assessment Committee diversity within all components of the legal profession in Louisiana, The mission is to study the profession of law in Louisiana, identify to identify barriers to the attainment of full and meaningful areas where the profession is either improving or failing to improve representation and participation in the legal profession by persons the practice of law and the system of justice, and develop programs of diverse races, ethnicity and gender, and to propose programs to either promote the successes or correct the failures. and methods by which the LSBA can most effectively work to remove those barriers and achieve greater diversity. Professionalism and Quality of Life Committee The mission is to promote professionalism in the practice of law Group Insurance Committee through education, communication and understanding, and to The mission is to ensure the most favorable rates and benefits for study ways in which members of the legal profession may members of the Louisiana State Bar Association and their balance their personal and professional lives. employees and dependents for Bar-endorsed health, life and disability insurance programs. Public Access and Consumer Protection Committee The mission is to protect the public from incompetent or fraudulent Legal Malpractice Insurance Committee activities by those who are unauthorized to practice law or who are The mission is to ensure the most favorable rates, coverage and otherwise misleading those in need of legal services. service for Louisiana lawyers insured under the Bar-endorsed legal malpractice plan by overseeing the relationship between the Public Information Committee Louisiana State Bar Association, its carrier and its third party The mission is to promote a better understanding of the law, administrator, and to consider on an ongoing basis the feasibility legal profession, individual lawyers and the Louisiana State Bar and advisability of forming a captive malpractice carrier. Association through a variety of public outreach efforts.
Legal Services for Persons with Disabilities Committee Right to Counsel Committee The mission is to provide members of the bench, bar and the The mission is to develop programs and methods which most general public with a greater understanding and knowledge of effectively allow the bar to work with the courts, other branches the legal needs and rights of persons with disabilities, to better of government, and the public to ensure that the constitutionally meet the legal needs of persons with disabilities, and to increase mandated right to counsel is afforded to all who appear before the knowledge that persons with disabilities have regarding their the courts. rights and resources. Rules of Professional Conduct Committee Legislation Committee The mission is to ensure appropriate codes of ethical conduct for The mission is to inform the membership of legislation or lawyers by studying, considering and recommending amend- proposed legislation of interest to the legal profession; assist the ments to the Rules of Professional Conduct and by making state Legislature by providing information on substantive and suggestions to the Louisiana Supreme Court for improvements procedural developments in the law, disseminating information in the disciplinary process. to the membership, identifying resources available to the Leg- islature, and providing other appropriate non-partisan assis- State Bench/Bar Committee tance; and advocate for the legal profession and the public on The mission is to engage the state judiciary, determine issues issues affecting the profession, the administration of justice and of mutual interest and concern, and develop programs to address the delivery of legal services. those issues with the goal of improving the system of justice.
Medical/Legal Interprofessional Committee Technology Committee The mission is to work with the joint committee of the Louisiana The mission is to guide the Association in the implementation State Medical Society to promote collegiality between mem- and utilization of new technologies to provide greater service to bers of the legal and medical professions by receiving and its members and the public. making recommendations on complaints relative to physician/ lawyer relationships and/or problems.
354 February / March 2007 New McKay Memorial Award Established Nomination Form March 15 is Deadline for Crystal Gavel Award LSBA Crystal Gavel Award & Leah Hipple McKay Memorial Award Nominations for Outstanding Volunteerism
The Louisiana State Bar Association is seeking nominations Send to: for its Crystal Gavel Awards and newly established Leah Hipple Crystal Gavel Awards McKay Memorial Award for Outstanding Volunteerism. The Louisiana State Bar Association nomination deadline for all awards is Thursday, March 15. 601 St. Charles Ave. The awards recognize outstanding lawyers and judges who New Orleans, LA 70130-3404 have been unsung heroes and heroines in their communities, who have performed services in any of the listed categories out of a Date: ______, 200____ sense of duty, responsibility and professionalism, and who have made a difference in their local communities, in local organiza- Name of Nominee: tions or even in the life of one person. Office Address: The awards are available to those who have served the public Phone: in a number of areas, including: aiding the administration of justice; Fax: assisting groups or individuals on a volunteer basis in a non- legal capacity; Name of nominator (if different from the nominee; educating the public or individuals or students about legal self-nominations are permitted) matters; Name of Nominator: providing pro bono legal services, in a matter of a significant Office Address: nature, or in a significant number of cases, or in a way that Phone: significantly changed the life of one person or group; or working in conjunction with the court system to make it more Fax: welcoming, inviting and understandable for jurors, witnesses or victims of crime. Category of Nomination
The McKay Memorial Award will be presented during the Awards are given in the following categories. Please check the LSBA’s Annual Meeting each year. Recipients of the Crystal appropriate area in which you are making the nomination: Gavel Award will be notified by the Louisiana State Bar Asso- ____ Aiding the administration of justice. ciation and will be presented with the awards in their local ____ Assisting groups or individuals on a volunteer basis in a communities. non-legal capacity. The Crystal Gavel Awards are presented to attorneys and ____ Educating the public or individuals or students about legal judges who have performed public services out of a sense of matters. duty, responsibility and professionalism. Because the LSBA ____ Providing pro bono legal services: in a matter of a signifi- wishes to acknowledge these unsung heroes and heroines in the cant nature; or in a significant number of cases; or in a way communities where they live and work, the nominator(s) is that significantly changed the life of one person or group. responsible for selecting a forum for the nominee to receive his/ ____ Working in conjunction with the court system to make it her award and for facilitating the event. more welcoming, inviting and understandable for jurors, witnesses or victims of crime. ____ Leah Hipple McKay Memorial Award for Outstanding Volunteerism
Nomination deadline is Please attach a signed, written statement describing the Thursday, March 15, 2007. work of the nominee in the category selected, along with a detailed description of why the nominee should be consid- ered for the Crystal Gavel and/or McKay Memorial award.
Louisiana Bar Journal Vol. 54, No. 5 355 Louisiana Center for Law and Civic Education: The state of law and civic education in our area elementary and secondary Education is the Key schools in Louisiana is, to put it bluntly, abysmal. Louisiana requires only half of By Val P. Exnicios a credit hour of instruction in civics, despite the fact that preparing each new ducation is the key. We all know it rance as a lack of knowledge, education generation to be active participants in and we consistently say to all who or awareness. We all recognize that the our democracy was a central reason for Ewill listen that we must improve eradication of ignorance is the key to an the creation of free public schools dating our schools if we are to have any hope of improved and enlightened democratic all the way back to the founding of our improving our society . . . and yet, except society. LCE is dedicated to eradicating Republic. Our Founding Fathers recog- for “preaching to the choir,” most of us ignorance by improving the education of nized that we must educate our youth as take no tangible steps of our own to do our area youth, primarily in the areas of to the principles of our democracy if anything to make our schools any better. law and civics. Why law and civics you successive generations were to have any We don’t volunteer our time or our ser- might ask? The answer is simple: As U.S. hope of realizing its ideals. Upon leaving vices, or open our wallets and donate our citizens, we are citizens of the world’s the Constitutional Convention of 1787, money, to area schools or to the organi- oldest constitutional democracy. We Benjamin Franklin was asked by a curi- zations that support them. Instead, we know that civic education is education in ous woman, “What kind of government rely on government to solve the problem. democratic self-governance and that have you given us, Dr. Franklin?” We pay our taxes and say that we must democratic self-governance demands that Franklin replied, “A Republic, madam, if elect officials who will do whatever is citizens be actively involved in their own you can keep it.” necessary to improve our schools. But if governance. The ideals of democracy Education in the rule of law and in the Hurricanes Katrina and Rita have taught cannot be fully realized until every member rights and responsibilities of our consti- us anything, it’s that we cannot rely solely of our political community shares in its tutional democracy are essential to the on government officials, whether elected governance. As Aristotle put it in 340 BC, attainment of an informed, enlightened or appointed, to solve our problems for “[I]f liberty and equality, as is thought by citizenry. An education in law and demo- us. We must be proactive and get in- some, are chiefly to be found in democracy, cratic self-governance enables our youth volved ourselves to achieve tangible re- they will be attained when all persons share to develop critical thinking skills and sults. Actively supporting the Louisiana in the government to the utmost.” The first identify and give meaning to both tan- Center for Law and Civic Education (LCE) and most important step in educating our gibles, such as our flag, our national is one way we can all get involved and youth to be productive members of our monuments and our civic and political achieve tangible, positive improvements in democratic society is educating them as to events, as well as to intangibles such as our educational system in Louisiana. the rights and responsibilities that are atten- our concepts of liberty, equality, major- The LCE is dedicated to providing dant to that membership. As then-Chief ity and minority rights, civil society and direct support to areas schools through a Justice Sandra Day O’Connor said in 2003: constitutionalism. variety of interactive and content-based It is incumbent upon us as members of programming. As noted by 2006-07 LCE [K]nowledge about the ideas em- the legal community to actively support President Karen Wells Roby (magistrate bodied in the Constitution and the organizations such as LCE that are “qui- judge, U.S. District Court, Eastern Dis- ways it shapes our lives is not passed etly working” to improve our educational trict of Louisiana): “LCE, through its down from generation to genera- system. We can do that by donating our nationally recognized programming, has tion through the gene pool. It must time, donating our money, or both, to LCE. been quietly working to improve the con- be learned anew by each genera- LCE needs, and deserves, our support. tent-based and participatory knowledge tion. It is NOT enough simply to For information on how you can get of Louisiana students by providing in- read or memorize the Constitution. personally involved by volunteering your service training to Louisiana teachers in Rather, we should try to understand time, and/or by making a donation to civics, bringing classrooms to the courts, that which gave it life and that give LCE, visit www.lalce.org or call and bringing lawyers, law enforcement it strength still today. Our under- (225)214-5570. officers and judges to the classroom.” standing today must go beyond the It’s time for LCE’s “quiet work” to be recognition that liberty lies in our Val P. Exnicios is currently serving a two- recognized by all of us in the legal com- hearts to the further recognition that year term on the board of directors of munity and for us to actively support only citizens with knowledge about the Louisiana Center for Law and Civic LCE by donating our time, and/or our the content and meaning of our con- Education. He is a partner in the New money, to its cause. stitutional guarantees of liberty are Orleans firm of Liska, Exnicios & Webster’s dictionary defines igno- likely to cherish those concepts. Nungesser.
356 February / March 2007 CLE ... Get A Jump on Your 2007 Hours! Louisiana State Bar Association 2007 CLE Calendar
Recent Updates in Estate Planning CLE for New Admittees For more information on any CLE March 16, 2007 April 23, 2007 seminar, contact Annette C. Buras New Orleans Baton Rouge at (504)619-0102 or (800)421-5722, ext. 102, or e-mail [email protected]. Practicing Law: The Early Years Jazz Fest March 23, 2007 April 27, 2007 Or check the LSBA’s Web site at New Orleans New Orleans www.lsba.org/cle-1/cle-1.html.
Mediation with the Masters: Summer School for Lawyers Mastering Crucial Conversations June 3-6, 2007 April 7, 2007 Sandestin, Fla. New Orleans Ethics & Professionalism Summer Re-Run June 22, 2007 New Orleans
Louisiana Bar Journal Vol. 54, No. 5 357 FOCUSon the Bar By Katherine Tonnas FASTCASE: FREE ONLINE LEGAL RESOURCE
he Louisiana State Bar Associa- personalize font sizes; both have been the logo are links to post and review tion began offering Fastcase (a included in the updates. The ability to comments and responses given as feed- TWeb-based legal research pro- search newspapers also has been added, back from the service staff. LSBA mem- vider) as a free LSBA membership ben- and the Authority Check feature has been bers are encouraged to review comments efit in 2005. made more prominent. and post their own, whether positive, Through the link on the LSBA Web Members logging into Fastcase are negative or requesting new features. site’s home page (www.lsba.org) or made aware of the capability to “search www.lsba.org/Member_Services/ all jurisdictions at one time, resulting in fastcase.asp, all active Bar members are the most often cited references from the given information regarding free unlim- database. Queries may be made using Katherine Tonnas is a solo practi- ited “online access to millions of cases, keywords, Boolean phrases and cita- tioner. She is a 1994 cum laude statutes and regulations via the American tions.” In other instances, it may be nec- graduate of Southern University Law Library.” This member benefit is essary to use natural language searches Law Center, where she served as a accessible everywhere a member has where exact search terms are not avail- member of the Law Review and as Internet access. able. Among other salient points, Fastcase a teaching assistant. In 1980, she Fastcase providers are always moni- features dual-column printing and received a doctorate from toring LSBA members’ comments, ques- hyperlinked citations. The service is up- Vanderbilt University in educa- tions and requests. Recently, Fastcase dated daily; case law databases are up- tion administration. From August launched new features, following direct dated between 24 and 48 hours from the 1994 to February 2003, she was a requests from LSBA members. Now when date of decision. judicial extern for Judge Helen users log in to Fastcase, they access a A review of the literature published “Ginger” Berrigan, United States customized home page rather than being by various state bar associations (Illi- District Court for the Eastern Dis- directed to “Search Cases.” The home nois, Iowa and Virginia) offering Fastcase trict of Louisiana, and for the lo- page includes a list of the different types to their members indicates that each cal school board. Dr. Tonnas has of materials available on the member association’s service may differ. The been a member of the Louisiana benefit (not just cases), as well as a cus- LSBA purchased the complete service Bar Journal Editorial Board since tomized search history and a customized package, which eliminates the need for 2001. (1108 Lake St., Nat- “Quick Search” feature. Also, many mem- upgrades, said Fastcase co-founder Ed chitoches, LA 71457) bers have requested more prominent Walters. “Print/Save” buttons and the ability to As members log in to Fastcase, below
Contact: Fastcase
By mail: Web: www.fastcase.com Fastcase, Inc. Ste. 300, 1140 19th St. Customer Service: Washington, D.C. 20036 (703)741-5920 [email protected] By phone: (703)740-5920 Privacy Policy: Fastcase, Inc. By fax: Attn: Webmaster (703)740-5960 P.O. Box 26055 Alexandria, VA 22313-6055
358 February / March 2007 LAWYERSLawyers Helping By Richard P. Lemmler, Jr. DRAFT RULES ON LAWYER ADVERTISING
he Louisiana State Bar October 2006 — and comments may still final draft of the proposal, currently an- Association’s (LSBA) Rules of be submitted (as of this publication date) ticipated to be submitted to the LSBA TProfessional Conduct Committee — by e-mail to [email protected]; fax House of Delegates in June 2007. The has drafted proposed amendments to the (504)598-6753; regular mail: Rules of Rules of Professional Conduct Commit- Louisiana Rules of Professional Conduct Professional Conduct Committee, tee submitted this matter as an informa- dealing with lawyer advertising and so- Louisiana State Bar Association, 601 St. tional item to the LSBA House of Del- licitation and has received preliminary Charles Ave., New Orleans, LA 70130, egates at its Midyear Meeting in January approval from the Louisiana Supreme Attn: Richard P. Lemmler, Jr., Ethics 2007 in New Orleans. Court’s Committee to Study Attorney Counsel; or online at the LSBA Web site, To view the proposed Rules or to Advertising to proceed forward through using the same link below. Be advised submit comments online regarding the the normal Rules recommendation and that any comments which are forwarded proposed Rules, go to: www.lsba.org/ amendment process. may become matters of public record committees/ethicrulescomments.asp. The proposed Rules, in their current and/or subject to public inspection. draft form, may be viewed and/or down- Comments received to date also may be Richard P. Lemmler, Jr. is the Louisiana loaded from the LSBA Web site at: reviewed online at the LSBA Web site, State Bar Association’s ethics counsel. www.lsba.org/committees/Proposed using the link appearing below. He can be reached by calling (504)619- LARules7-1_12-2006.pdf. All comments received timely by the 0144 or (800)421-LSBA, ext. 144; by e- An important component of the draft Committee will be thoughtfully reviewed mail at [email protected]; or by fax Rules is the provision which requires and considered for incorporation into the or regular mail (see text above). evaluation by the Rules of Professional Conduct Committee of nearly all adver- tisements for compliance with the Rules governing lawyer advertising and solici- Ethics Advisory Service tation, and provides for optional advance written advisory opinions concerning •Unsure of your ethical obligations as a lawyer? compliance. Exemptions from required •Worried about doing the right thing or wrong thing? compliance filing include: “safe harbor”/ “tombstone”-type ads; brief public ser- •Need some advice or just someone to bounce your ideas off of before vice announcements in any public media; going forward? listings in law lists or bar publications; communications mailed to existing cli- The Louisiana State Bar Association ents, former clients or other lawyers; RIIHUVFRPSOHWHO\FRQ¿GHQWLDOWRWDOO\ written communications requested by a FREE ethics advice and opinions to each of its licensed members in good- prospective client; basic professional an- standing. nouncements mailed to certain persons; and Internet Web sites/home pages. &DOOHPDLOID[RUZULWHXVZLWK Hearings were held during November questions about your own 2006 in Baton Rouge, Lafayette, New prospective conduct. Don’t struggle by yourself with Orleans and Shreveport to allow mem- WKHVHGLI¿FXOWTXHVWLRQV bers of the public, as well as lawyers, an we’re here and ready to help opportunity to provide comment and feed- you! back regarding the proposed Rules. The Louisiana State Bar Association full transcripts of those hearings are avail- Ethics Advisory Service able on the LSBA Web site through the 601 St. Charles Avenue link below. 1HZ2UOHDQV/$ Additionally, written comments on 3KRQH )D[ (PDLO 5/HPPOHU#OVEDRUJ this proposal have been sought since late
Louisiana Bar Journal Vol. 54, No. 5 359 FOCUSProfessionalism ON By E. Phelps Gay LET’S LIGHTEN UP!
ometimes I hear lawyers, particu- Should lawyers take offense at this Q. What’s wrong with lawyer jokes? larly those (like me) who are sup- joke? It pokes fun at the legal profession, A. Lawyers don’t think they’re funny Sportive of our professionalism although not in a demeaning way. It al- and nobody else thinks they’re jokes. movement, bemoan the fact that there are lows us to laugh at ourselves. Like all so many lawyer jokes. They seem to be good humor, it relaxes tension. It tells us Several years ago I had the happy under the impression that if we would not to take ourselves too seriously. assignment of interviewing for the Loui- only clean up our act and become per- Granted, there can be an element of siana Bar Journal the previous four win- fectly pure and pristine in the pursuit of hostility in lawyer jokes, depending on ners of the Curtis Boisfontaine Award. our profession, or perhaps launch a cam- how they are told, and some of them are This award is given to a person who has paign to inform the public of our good decidedly off-color, but is this really cause distinguished himself or herself as a trial works, everyone would come to love us for us to become unduly defensive about lawyer over the length of a career. I spent and appreciate the wonderful service we our profession, and to protest, in response, one long afternoon in a conference room provide. We would all be hailed as the that we are dedicated professionals and with the likes of Pat Juneau, Spike second coming of Atticus Finch. virtuous public servants who work hard Scofield, Bill Christovich and Gene To which I can only respond: Yeah, for our clients and believe devoutly in the Lafitte. At this distance, I can’t honestly right. fair and impartial administration of jus- tell you what we talked about, but I do In my humble opinion, this point of tice? recall that within five minutes they had view has it exactly wrong. It may be There’s a joke about that, too: me laughing until my stomach hurt, my closer to the truth to say that those who get too preachy about professionalism and lose their sense of humor about law- yers and the practice of law display a lack of professionalism. Humor, including the ability to laugh at oneself, is in my view an essential ingredient (perhaps the roux) in the professionalism gumbo. Which is why, I confess, I don’t mind lawyer jokes. Here’s an old one I still find amusing:
The doctor finally reached his table at a dinner, after breaking away from a woman who had sought his advice on a health problem. “Do you think I should send her a bill?” the doctor asked a lawyer who sat down next to him. “Why not?” the lawyer replied. “You rendered professional service by giving advice.” “Thanks,” said the doctor. “I think I’ll do that.” When the doctor went to his office the next day to send the bill to the woman, he found a letter from the lawyer. It read: “For legal services, $200.” “Hey, it’s OK. Just lighten up!”
360 February / March 2007 eyes watered, and I nearly fell out of my get emotional about every misfortune 6. Humor is professional. If you look at chair. It dawned on me that being an which comes your way. Having a well- the LSBA Code of Professionalism, outstanding lawyer and having a highly developed sense of humor allows you you can discern therein an injunction developed (maybe even slightly warped) to absorb adversity, digest it, and move to keep your sense of humor while sense of humor must go hand in hand. So on; it frees you up to stay focused on practicing law. Grant a reasonable I started thinking: What exactly is it about the task at hand. request for an extension of time to humor which is so important to the prac- your opposing counsel. Don’t be quick tice of law? For better or worse, here’s 4. Humor is good for your health. This to threaten your fellow lawyers with what I came up with: may be debatable, and it is certainly sanctions (it could be you next time — out of my area of expertise (assuming or next week). Forgo personal attacks 1. Humor helps you keep things in per- I have any such area), but I’ll throw it on your colleagues. Such behavior is spective. Some humor-challenged in anyway. Humor relaxes the muscles unprofessional and betrays a fatal lack lawyers seem to want to fight every and eases the mind; it is a natural anti- of humor. battle as if it were Armageddon. When depressant. “Laughter,” someone said, those 15 days are up, it is time to run “is a tranquilizer with no side effects.” Shakespeare touches on this subject down to court with a motion to compel As any Reader’s Digest reader knows, in The Taming of the Shrew, where the discovery. If your opponent neglected it is the best medicine. character Tranio says: to list someone on her witness list, During the 1960s, a well-known even though you were at all times magazine editor named Norman Cous- Please ye we may contrive this af- aware of the witness, you must insist ins was diagnosed with spondylitis. ternoon, the witness cannot be called at trial. After extensive medical treatment, he And do as adversaries do in law— Lawyers with a good sense of humor checked himself out of the hospital Strive mightily, but eat and drink as know that life is too short for this and began taking high doses of vita- friends. game of “Gotcha.” They know that min C and equally high doses of hu- over-reacting to minor matters and mor. As I recall, the Three Stooges Not a bad prescription. To which I would trying to humiliate your opponent will played a significant part in his recov- add, borrowing again from the Bard of not, in the end, resonate with the finder- ery. Cousins later wrote a book on his Avon: When you hear a good lawyer of-fact (whether judge or jury). This experience called Anatomy of An Ill- joke, do not “protest too much.” Better to helps them to separate what’s impor- ness. join in the laughter. A good lawyer, as I tant from what’s not, which can pro- Now I’m in no position to suggest learned from those Boisfontaine win- vide the key to victory. that comedy can cure cancer, but I do ners, doesn’t hesitate to laugh at himself. suggest that humor can play a positive It’s the professional thing to do. 2. Humor allows you to connect with role in one’s overall health. In a field people. Lawyers, especially trial law- as stressful as the practice of law, the FOOTNOTE yers, are in the business of effective release of tension afforded by a healthy communication. This often means get- sense of humor goes a long way.1 1. On reading this, my able office adminis- trator noted that the word humor derives from ting across complicated ideas in simple the humoral medicine of the ancient Greeks. A terms, without condescending to the 5. Humor is poetic. There are higher mix of fluids known as “humours” was believed listener. Not infrequently, humor be- forms of communication than the lit- to control human health and emotion. comes the common coin of such com- eral. Some ideas and emotions can munication. When used well, barriers best be communicated through po- come down, pretensions are punc- etry, music or art. To express them tured, and people come together in an literally is somehow to debase them, effort to find the right result. The to miss their essence. This is true of E. Phelps Gay is co-chair of the essence of humor, wrote Scottish es- the best humor as well. It is artistic, Louisiana State Bar Association’s sayist Thomas Carlyle, is not con- full of twists and turns, a little music, Professionalism & Quality of Life tempt, but warm tender feeling to- and some kind of powerful and memo- Committee. A past LSBA president, he is ward our fellow man. rable concision. This is why on occa- a partner in the New Orleans law firm sion a good political cartoon says so of Christovich & Kearney, L.L.P. He 3. Humor allows you to see more clearly. much more than a long-winded piece received his undergraduate degree from In the words of English author Horace by a political columnist. It also ex- Princeton University and his JD degree Walpole: “The world is a comedy to plains why a quick-witted, self-depre- from Tulane Law School in 1979. He can those that think, a tragedy to those that cating lawyer often carries the day. be reached at (504)561-5700 or via e- feel.” As a lawyer, you can’t afford to mail at [email protected].
Louisiana Bar Journal Vol. 54, No. 5 361 RECENTDevelopments ANTITRUST TO TRUSTS
Practices Act (LUTPA or statute), La. Act’s one-year pre-emptive period), with Antitrust R.S. 51:1401-1430. See, e.g., Gardes Benton, Benton & Benton v. La. Pub/ Directional Drilling v. U.S. Turnkey Facilities Auth., 95-1367 (La. App. 1 Cir. and Trade Exploration Co., 98 F.3d 860, 867-68 (5 4/4/96), 672 So.2d 720, writ denied, 96- Regulation Cir. 1996); Nat’l Gypsum Co. v. Ace 1445 (La. 9/13/96), 679 So.2d 110 Wholesale, Inc., 98-1196 at 4-5 (La. App. (“continuing tort” doctrine applies to the Law 5 Cir. 6/1/99), 738 So.2d 128, 130. LUTPA’s period of repose).] [Notably, this is not the only The situation is made murkier in at disagreement among courts in Louisiana least two Louisiana appellate districts, Standing Under the LUTPA — concerning the interpretation of the the 3rd Circuit and, quite recently, the The Circuit Split Widens LUTPA. Compare Glod v. Baker, 04- 2nd Circuit, where there appear to be 1483 (La. App. 3 Cir. 3/23/05), 899 So.2d splits within the circuits themselves. [The Louisiana appellate courts have long 642, writ denied, 05-1574 (La. 1/13/06), origins of the circuit split were explored been split over who has standing to sue 920 So.2d 238 (the “continuing tort” in “Recent Developments, Antitrust and under the Louisiana Unfair Trade doctrine does not apply to extend the Trade Regulation Law,” 47 La. B.J. 426 (Feb. 2000).] The courts uniformly agree that under the LUTPA a practice is unfair if “it offends public policy and when the practice is unethical, oppressive, unscrupulous, or substantially injurious to consumers or business competitors.” Doland v. ACM Gaming Co., 05-0427 (La. App. 3 Cir. 12/30/05), 921 So.2d 196, 202. Whether a practice is unfair under the LUTPA is a factual determination made by the courts on a case-by-case basis. Id; see also Vermillion Hosp., Inc. v. Patout, 05-0082 (La. App. 3 Cir. 6/8/05), 906 So.2d 688. Louisiana courts disagree, however, on the class of persons who may avail themselves of the protections of the LUTPA. La. R.S. 51:1409(A) provides that a cause of action under the LUTPA is available to:
[a]ny person who suffers any ascertainable loss of money or movable property, . . . as a result of the use or employment by another person of an unfair or deceptive method, act, or practice.
Under the statute, “person” is defined broadly as a “natural person, corporation,
362 February / March 2007 trust, partnership, incorporated or and “consumer transaction,” have of Am., 522 So.2d 1362, 1365 (La. App. unincorporated association, and any declined such a broad interpretation and 2 Cir. 1988) (emphasis added). The other legal entity.” La. R.S. 51:1402(8). have strictly construed the LUTPA, highlighted language is somewhat The statute also defines “consumer” and concluding that only “consumers” and ambiguous; it can be read inclusively, that “consumer transaction.” By just looking “business competitors” — but not is, that the LUTPA confers standing on, at the language in Section 1409(A) and business consumers — have a private among others, consumers and business the definition of “person,” the statute right of action under the statute. E.g., competitors, or exclusively, that is, appears to be all-encompassing, granting Nat’l Gypsum, 738 So.2d at 129-30; standing is reserved only for consumers standing to anyone who is the victim of Philips v. Berner, 00-0103 (La. App. 4 and business competitors. Later panels an unfair trade practice. Cir. 5/16/01), 789 So.2d 41, 49, writ of the Louisiana 2nd Circuit have However, only one of Louisiana’s five denied, 01-1767 (La. 9/28/01), 798 interpreted the LUTPA both ways. appellate courts, the 1st Circuit, has So.2d 119; Gardes, 98 F.2d at 868. Compare Monroe Med. Clinic, Inc. v. squarely held that the LUTPA applies to Louisiana’s 2nd and 3rd Circuits’ Hosp. Corp. of Am., 622 So.2d 760, 763 everyone, including the so-called jurisprudence on this issue is inconsistent. (La. App. 2 Cir. 1993) (“The term “business consumer.” E.g., Capitol For example, in one case which, strictly ‘person’ includes, but is not limited to House Pres. Co. v. Perryman speaking, was neither between competitors business competitors and consumers.”) Consultants, Inc., 98-1514 at 12 (La. nor involved consumers, an early 2nd (emphasis added), with Double-Eight Oil App. 1 Cir. 12/10/98), 725 So.2d 523, Circuit opinion cited to the Louisiana 5th & Gas, L.L.C. v. Caruthurs Producing Co., 530; Belle Pass Terminal, Inc. v. Jolin, Circuit and concluded: Inc., 41,451 (La. App. 2 Cir. 11/20/06), Inc., 618 So.2d 1076, 1081 (La. App. 1 ____ So.2d ____; “[La. R.S. 51:1409] has Cir.), writ denied, 626 So.2d 472 (La. LSA-R.S. 51:1409 confers a right been held to confer the private right of 1993); but see Thibaut v. Thibaut, 607 of private action on “[a]ny person action on both consumers and business So.2d 587, 607 (La. App. 1 Cir. 1992), who suffers any ascertainable loss competitors. . . . Like the trial court, we writs denied, 612 So.2d 37, 38, 101 (La. of money or movable property, find that the plaintiffs were not business 1993) (holding that individual partners corporeal or incorporeal” from competitors of the defendants within the were not consumers or business unlawful trade practices. This meaning of the Unfair Trade Practices competitors and thus lacked standing language has been held to confer Act during the relevant time period.”) under the LUTPA). The Louisiana courts the private right of action on both (emphasis added). of appeal for the 4th and 5th Circuits, consumers and business Similarly, the Louisiana 3rd Circuit along with the federal courts in competitors. has jurisprudence that also supports both Louisiana, have looked beyond Section interpretations, with at least one case 1409(A) to the definitions of “consumer” Monroe Med. Clinic, Inc. v. Hosp. Corp. relying on the plain language of the CARDONE LAW FIRM A PROFESSIONAL L AW C ORPORATION Select Referrals Concentrating In: • NURSING HOME LIABILITY CASES • SERIOUS PERSONAL INJURY & WRONGFUL DEATH CASES AV RATED State-wide practice with offices located in NEW ORLEANS • WESTBANK • METAIRIE CLIFFORD E. CARDONE (504) 581-1394
Louisiana Bar Journal Vol. 54, No. 5 363 statute to interpret standing under the have fared in the 2nd or 3rd Circuits. Appellate Court’s Right LUTPA broadly, while another, citing As the foregoing discussion to Remand for Additional cases from the United States and demonstrates, there is much confusion Louisiana 5th Circuit appellate courts, among the circuit courts in Louisiana — Evidence adopted the more restrictive view. and among trial courts, practitioners and Compare Doland, 921 So.2d at 202 (the litigants — regarding who is entitled to The homeowners sued State Farm for LUTPA “gives a right of action to anyone bring a LUTPA claim. Clearly, attorneys policy benefits after their house suffered who suffers any ascertainable loss…”) counseling clients in this area must be damage in a fire. The trial court found (emphasis supplied), with Vermillion especially vigilant about keeping up with State Farm liable under the homeowner’s Hosp, 906 So.2d at 693 (“LUTPA does the latest pronouncements from the policy and awarded $95,000. The 3rd Cir- not grant a right of action to every person circuit courts, and hopefully sooner cuit agreed that State Farm was liable to the or business that is a victim of unethical rather than later the Louisiana Supreme plaintiffs, but set aside the $95,000 award. or unfair business practices.” Court will have an opportunity to It said that there was no evidence of the cost Accordingly, plaintiff who was not a address, and resolve, this division among, of repairs, salvage value and actual-cash business competitor or consumer lacked and within, the circuits. value of the home. It remanded the case to standing to bring suit under the LUTPA.). the trial court for additional evidence. These conflicting interpretations of the — Alexander M. McIntyre, Jr. In an initial opinion, the Supreme LUTPA create the situation where a person Chair, LSBA Antitrust and Trade Court reversed the remand. Nichols v. may have a cause of action in Baton Rouge, Regulation Law Section State Farm Fire & Cas. Co., 06-1017 but not in New Orleans. One example Gerardo R. Barrios and (La. 7/10/06), 933 So.2d 786. On rehear- suffices to underscore this anomaly. Brian M. Ballay ing, the Supreme Court changed its mind. In National Gypsum Co. v. ACE Members, LSBA Antitrust and Trade It reinstated the 3rd-Circuit opinion order- Wholesale, Inc., the Louisiana 5th Circuit Regulation Law Section ing the remand for additional evidence. found that ACE Wholesale, Inc., a local Baker, Donelson, Bearman, Nichols v. State Farm Fire & Cas. Co., 06- distributor of National Gypsum Co. Caldwell & Berkowitz 1017 (La. 9/29/06), 938 So.2d 692. products, was not within the class of Ste. 3600, 201 St. Charles Ave. In majority and dissenting opinions in persons entitled to seek redress from this New Orleans, LA 70170 the original hearing, the Supreme Court national, billion-dollar company. See expressed its reasons for its initial and Elana Varon, “IT Rocks the Web,” CIO final holdings. Appellate courts have the Magazine (Aug. 15, 2005). National authority under La. C.C.P. art. 2164 to Gypsum sued ACE on an open account remand a case for additional evidence to for unpaid invoices. ACE reconvened, prevent a grave injustice. Such a remand alleging, among other things, that is warranted only when the new evidence National Gypsum was engaging in unfair Appellate is likely to affect the outcome of the case. trade practices by: discriminating against On the other hand, Louisiana law fa- ACE in the price it was charging; vors the prompt disposition of cases for diverting customers to other distributors Appealing Under the benefit of the litigants who have had of National Gypsum; unfairly cutting off the Wrong Name their day in the trial court. A court’s right ACE’s credit line; and otherwise to remand for additional evidence must be sparingly exercised. Courts should attempting to put ACE out of business. The Louisiana Patient’s Compensa- not permit litigants to try their cases See Nat’l Gypsum, 738 So.2d at 129. The tion Fund (PCF) appealed from an ad- piecemeal, and litigants must exercise trial court dismissed the reconventional verse summary judgment. The PCF’s at- due diligence to obtain and introduce demand, and the 5th Circuit affirmed that torney, however, filed the appeal in his evidence in the trial court the first time. ACE, not being a consumer or business name individually. (Evidently this was The Supreme Court left the remand competitor, lacked standing to bring suit on the motion for appeal in the trial intact; the homeowners got a second under the LUTPA. Id. at 130-31. Given court.) He later submitted to the court of chance to introduce damages evidence. the split in the circuits, had ACE brought appeal that his filing of the appeal in his But litigants should be aware of consid- suit across Lake Pontchartrain or up river name was a typographical error. Since erations weighing against a remand to the in Baton Rouge, and so within the appeals are favored, the court allowed trial court to offer new evidence. jurisdiction of the 1st Circuit, it would the PCF’s attorney to file an amended have had the opportunity to prove its motion for appeal naming the PCF as the allegations and recoup possibly appellant. Miller v. Willis-Knighton Law of the Case substantial, company-saving damages. Bossier, 41,476 (La. App. 2 Cir. 9/20/ And there is no telling how ACE would 06), 940 So.2d 54, 56 n.1. FNBC sued to foreclose against its
364 February / March 2007 mortgagor Levine. It claimed that he trig- n. 4 (La. 12/15/06), ____ So.2d ____. He The Supreme Court proceeded to hold gered the due-on-sale clause in his mort- argued that the trip up to the appellate that the bond-for-deed triggered the due- gage contract by entering into a bond- courts before trial had settled the issue of on-sale clause, and reversed the damages for-deed contract with a prospective pur- whether the foreclosure suit and seizure judgment. chaser. Levine responded with a separate were wrongful. The 5th Circuit had up- suit for an injunction and for wrongful- held the preliminary injunction, he said, seizure damages. The trial court granted and the Supreme Court had denied writs. Writing Rant — The a preliminary injunction in favor of Wrong on both counts, said the Supreme Apocryphal Entry of Judgment Levine. The appellate court affirmed the Court. First, its previous denial of FNBC’s preliminary injunction, and the Supreme writ application did not make law of the Louisiana courts and attorneys regu- Court denied FNBC’s writ application. case. A denial of supervisory review is larly refer to “entering” judgment. There With the preliminary injunction in merely a decision not to exercise the is no such construct in Louisiana law. In place, Levine’s wrongful-seizure suit then extraordinary powers of supervisory ju- both federal and state court, lawyers and went to trial, where he won $300,000 in risdiction. It does not prohibit consider- judges say “enter” when they really mean general damages plus attorney fees. The ing the same issue after trial on the merits “grant” or “render.” In federal court, 5th Circuit affirmed. FNBC asked the and an appeal of the final judgment. entry refers to the clerk’s notation in the Supreme Court to reverse on the ground Second, the 5th Circuit’s judgment af- civil docket book of the fact of a written that the bond-for-deed triggered the due- firmed only the trial court’s preliminary judgment. FRCP 79(a). Moore’s Federal on-sale clause in the mortgage, and hence injunction halting FNBC’s foreclosure. Practice provides some definitions: 12 the foreclosure-suit seizure was not The preliminary injunction is merely an Joseph T. McLaughlin & Jerry E. Smith, wrongful. interlocutory ruling, preserving the sta- Moore’s Federal Practice 3rd ed. § In the Supreme Court, Levine made tus quo pending trial on the merits. There 58.02[2], 58-11. Entry occurs when the law-of-the-case arguments. Levine v. First was no final decision on the merits until clerk makes the necessary notation of the Nat’l Bank of Commerce, 06-0394 p. 6, the jury trial and final judgment. judgment in the official court docket.
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Louisiana Bar Journal Vol. 54, No. 5 365 Rendition is the judicial act of pronounc- tence, noting that under La. C.Cr.P. art. for approximately 18 months. At about ing the judgment. 883, when two or more convictions arise the same time, defendant was charged In other words, Louisiana courts never from the same common scheme or plan, with felony theft, based on same facts enter judgment. They do render and sign the terms of imprisonment shall be served underlying the alleged violation of the judgments. La. C.C.P. arts. 1911, 1915A. concurrently unless the court expressly preliminary injunction. Defendant filed a Using these more-precise terms will re- directs that they be served consecutively. motion to quash, urging double jeop- duce confusion in legal writing. The decision of whether to sentence con- ardy. The motion to quash was denied, currently or consecutively is within the and defendant sought writs. — René B. deLaup discretion of the trial judge. According to the court of appeal, the Chair, LSBA Appellate Section The defendant’s argument focused on defendant’s argument was that he had New Orleans, LA the fact that the victim was not a minor, already been punished for the behavior although she did submit a written state- for which he was on trial (the cashing of ment to the court at sentencing of the certain specified checks), that the con- impact of the offense on her life, noting version of the checks pre-dated the issu- Criminal that his criminal history was primarily ance of the injunction, and that the facts drug- and alcohol-related offenses. De- surrounding the taking of the checks were Law fendant pointed out that sexual offenders in fact evidence in the contempt proceed- who make actual contact with their vic- ing. Accordingly, defendant suggested tims often receive substantially lesser that the prosecution for theft, using the 56 Years Excessive sentences than the ones imposed in this same evidence, would violate double for Video Voyeur case. jeopardy. The court of appeal agreed, stating After reviewing the same-evidence State v. Boudreaux, 41,660 (La. App. 2 that as a practical matter, a 56-year sen- test, the court of appeal determined that Cir. 12/13/06), ____ So.2d ____. tence, without benefit of parole, is effec- the checks in question were not relevant The defendant, James Boudreaux, in- tively a life sentence, and that it was out to the contempt decision and could be stalled a wireless camera in his 18-year- of proportion to the offense and “appears used as evidence to convict the defen- old stepdaughter’s bedroom and video- to impose a purposeless and needless dant. taped her and as many as five friends in infliction of pain and suffering.” The The court further stated that the pros- states of undress at times over a period of case was remanded for resentencing by ecution was not double jeopardy by mul- months. The stepdaughter discovered the the trial court for re-evaluation, with a tiple punishments for the same offense, tapes and, a few months later, after she specific instruction to address which of but distinguished the two actions by way had moved out, she requested police assis- the counts represent a separate and dis- of the parties and nature. Because the tance to recover some of her items. She tinct crime, and to impose consecutive state was not a party to the issuance of the described the videotapes to the police, who and concurrent terms in a more appropri- injunction that was violated, and because sought a warrant, and the tapes were dis- ate fashion. the criminal penalties serve two separate covered after a search by warrant. purposes — general police power as op- Defendant was arrested on six counts No Double Jeopardy Between posed to maintaining the authority of the of video voyeurism, in violation of La. Contempt and Theft courts — the dual punishments would R.S. 14:383, but the grand jury indicted not be double jeopardy. defendant on 14 counts. Defendant, who State v. O’Connor, 06-0262 (La. App. 3 had a prior felony conviction for at- Cir. 11/29/06), ____ So.2d ____. — Michael S. Walsh tempted possession of cocaine, pled guilty Defendant Donald O’Connor was sub- Chair, LSBA Criminal Law Section to all counts. No sentencing agreement ject to a non-competition agreement with Lee & Walsh was reached, but the state did promise a business partner and was alleged to 628 North Blvd. not to bill him as a habitual offender. have violated that agreement. His former Baton Rouge, LA 70802 At sentencing, the state called several business partner filed a motion for con- and witnesses and the judge gave a lengthy tempt of court for violation of a prelimi- Joseph K. Scott III analysis under La. C.Cr.P. art. 894.1, nary injunction, which was part of a civil Member, LSBA Criminal Law Section imposing four years per count, all to run suit for enforcement of the non-competi- 830 Main St. consecutive to each other, without ben- tion agreement. In the civil proceeding, Baton Rouge, LA 70802 efit of parole, probation or suspension of he was found in contempt of court, sen- sentence. Defendant appealed his sen- tenced to serve 12 months in jail, with all tence as excessive. but 25 days suspended, and to pay a fine The court of appeal reviewed the sen- of $1,000, and was placed on probation
366 February / March 2007 Agencies Need Not the size of the required buffer zone. The Consider All Alternatives LDEQ argued that its reclassification of the facility was based on a change in solid in NEPA Review Environmental waste regulations, causing the facility to fit squarely within the Type III classifica- Law La. Crawfish Producers Ass’n-W. v. tion. In agreeing with the LDEQ, the Rowan, 463 F.3d 352 (5 Cir. 2006). Louisiana 1st Circuit Court of Appeal A group of commercial crawfishermen underscored the extensive deference af- Use of “Extra Record” brought suit to challenge the U.S. Army forded to state agencies when interpret- Information in Corps of Engineers’ determination that a ing their own rules and regulations: project to improve interior water circula- NEPA Review tion and provide for better management A state agency is charged with in- of sediment within an area of the terpreting its own rules and regula- Holy Cross v. U.S. Army Corps of Eng’rs, Atchafalaya Basin would not have a sig- 455 F.Supp.2d 532 (E.D. La. 2006). tions and great deference must be nificant environmental impact. During a given to the agency’s interpreta- A nonprofit organization composed public comment period, the plaintiffs of plaintiffs who would be impacted by tion. . . The district court properly proposed an alternative that was not con- afforded deference to LDEQ’s de- the U.S. Army Corps of Engineers’ deci- sidered by the Corps in preparing its sion to modernize a lock in the Industrial termination regarding the facility’s Environmental Assessment (EA). On categorization. Canal brought suit to prevent the Corps appeal, the plaintiffs argued that the EA from dredging and “stirring up” alleg- prepared by the Corps was defective un- — Thomas D. Gildersleeve edly contaminated sediments in the course der the National Environmental Policy of performing the modernization project. Member, LSBA Environmental Act (NEPA) because it failed to consider Law Section Specifically, the plaintiffs alleged that the alternative proposed by the plaintiffs. the Corps was required under the Na- Taylor, Porter, Brooks The U.S. 5th Circuit disagreed, reason- & Phillips, L.L.P. tional Environmental Policy Act (NEPA) ing that although NEPA does require an to supplement an Environmental Impact 451 Florida St., Chase Bank, 8th Flr. EA prepared by the Corps to consider Baton Rouge, LA 70801 Statement that it prepared prior to Hurri- alternatives, it does not require the con- cane Katrina to include “key information sideration of all alternatives proposed by necessary to assess the environmental concerned parties. The court also re- impacts from dredging the Industrial jected claims that the EA failed to ad- Canal and disposing of dredged material dress the cumulative impacts of the in the sensitive southeastern Louisiana project, that the Corps was required to ecosystem.” update an earlier-prepared Environmen- Free for Bar Members: Prior to addressing the merits of the tal Impact Statement, and that the Corps’ plaintiffs’ claims, the court first addressed finding of no significant environmental the Corps’ argument that the court’s re- impact was arbitrary and capricious. view should be limited to the administra- tive record. Although the court noted that TechnoLawyer the “focal point” for judicial review un- Court Recognizes DEQ’s der NEPA is the administrative record, Great Discretion in Facility Online the court held that this review “often Classification/Categorization requires a court to look at evidence out- Access a wealth of legal side the administrative record.” Turning Oakville Cmty. Action Group v. La. to the merits of the plaintiffs’ claims, the Dep’t of Envtl. Quality, 935 So.2d 175 technology and practice court held that the Corps failed to take the (La. App. 1 Cir. 2006). management information. NEPA-required “‘hard look’ at the envi- Community and environmental action Go to the LSBA’s Web site, ronmental impacts and consequences of groups brought suit to challenge the Loui- www.lsba.org, and click on the dredging and disposing of the canal’s siana Department of Environmental TechnoLawyer icon contaminated sediment” after the court Quality’s (LDEQ) decision to issue a considered information brought to light permit to a waste processing facility. The on the home page. in the wake of Hurricane Katrina as well LDEQ’s decision to issue the permit was as the extra-record materials submitted based on its reclassification of the facil- by the plaintiffs. ity as a Type III facility, thereby reducing
Louisiana Bar Journal Vol. 54, No. 5 367 Spousal Support previous judgment and delays for filing a motion for new trial regarding the judg- Sharp v. Sharp, 05-1046 (La. App. 1 Cir. ment began to run. 6/28/06), 939 So.2d 418, writ denied, Family Law 06-1877 (La. 11/17/06), 942 So.2d 533. Paternity After Ms. Sharp obtained a judgment for alimony pendente lite in 1992, Mr. Succ. of Faget, 05-1434 (La. App. 1 Cir. Custody Sharp filed a rule for an article 102 di- 6/9/06), 938 So.2d 1003, writ denied, vorce, which was set for hearing but 06-1719 (La. 11/9/06), 941 So.2d 40. Findley v. Findley, 06-0266 (La. App. 3 never actually heard, so the parties were Ms. Colomb argued that even though Cir. 8/16/06), 937 So.2d 912, writ de- never divorced. When he died in 2004, her claim to establish paternity was pre- nied, 06-2280 (La. 10/6/06), 938 So.2d Ms. Sharp sought alimony arrearages. scribed under former Civil Code article 88. Because the rule for divorce had been 209, new article 197 applied to allow her HIPAA’s privacy requirements do not filed within two years of service of the to bring the claim. The court of appeal pre-empt state law and do not preclude petition for divorce, the divorce action held that article 197 did not apply “to disclosure of medical records when the had not been abandoned, and the support revive prescribed claims or to create new parties are involved in a custody pro- was owed until he died, but for those rights” in the absence of a clear legisla- ceeding. payments that prescribed after five years tive declaration that it do so. under La. Civ.C. art. 3497.1. State ex rel. C.H., 06-0336 (La. App. 3 — David M. Prados Cir. 9/27/06), 939 So.2d 732. Vicknair v. Firefighters’ Pension & Member, LSBA Family Law Section The trial court’s judgment of legal Relief Fund, 05-1327 (La. App. 4 Cir. 7/ Lowe, Stein, Hoffman, Allweiss custody to the state and physical custody 12/06), 936 So.2d 848. & Hauver, L.L.P. to the father was reversed because it Ms. Vicknair’s claim for attorney’s Ste. 3600, 701 Poydras St. violated Children’s Code art. 672(B). fees against the Firefighters’ Pension plan New Orleans, LA 70139-7735 was denied because the statute governing the fund did not allow it to be sued, only Child Support persons acting as fiduciaries for the fund, and she had not sued any fiduciary per- Barton v. Barton, 05-1190 (La. App. 1 sonally. ® Cir. 6/9/06), 938 So.2d 779. ™ The court of appeal vacated and La. State Employees’ Ret. Syst. v. Intellectual remanded because the transcript of the McWilliams, 05-0938 (La. App. 1 Cir. 6/ child support hearing contained no Property Law 9/06), 938 So.2d 782. © testimony and no admission of evidence A former spouse in community who to allow the court of appeal to review the does not meet the legislative definition of Illinois Tool Works Case trial court’s award. a surviving spouse at the time of the member’s death is not entitled to Ill. Tool Works Inc. v. Indep. Ink, Inc., Hernandez v. Hernandez, 05-1342 (La. survivor’s benefits from LASERS; how- 126 S.Ct. 1281 (2006). App. 1 Cir. 6/9/06), 938 So.2d 1019. ever, if all community contributions have Trident, Inc., and its corporate parent, Even if Dr. Boucher’s payments from not been paid out to the member, the Illinois Tool Works Inc. (Illinois), pro- her business to her nanny for care of two former spouse is entitled to receive her duces and sells printing systems which children of this marriage and four from share of the unpaid community contribu- include (1) a patented ink jet printhead; another were treated as income to her for tions. (2) a patented ink container; and (3) child support purposes, the added $200 unpatented, but specially designed, ink. per week to her income would not be a Procedure Trident sells its printing systems to origi- material change of circumstances since nal equipment manufacturers (OEMs) the caregiver expense is a necessary one Withers v. Withers, 41,072 (La. App. 2 who have been licensed to install the for her. Because the court found that Mr. Cir. 8/23/06), 938 So.2d 1063. printheads and containers into printers Hernandez continued to be voluntarily Even if Mr. Withers did not receive that they manufacture and sell. The OEMs underemployed and continued to impute the notice of judgment mailed to him at a agree to purchase their ink exclusively the same income to him, there was no questionable address, once he was per- from Trident and also agree that neither change of circumstances to modify child sonally served with an income assign- they nor their customers will refill the ink support. ment order, he had actual notice of the containers with any other kind of ink.
368 February / March 2007 Independent Ink, Inc. (Independent) cre- 1988 Congress amended the Patent Code ated an ink with an identical chemical to remove the presumption that a patent composition as the ink sold by Trident. provides market power, making it clear Labor and Following the dismissal of a patent in- that it “did not intend the mere existence fringement action that Trident and Illi- of a patent to constitute the requisite Employment nois brought against Independent, Inde- ‘market power’ [necessary for a finding Law pendent filed suit against Trident and that a patentee has misused his patent].” Illinois, seeking a ruling of non-infringe- The court found that while the 1988 ment and invalidity of Trident’s patents. amendment did not explicitly refer to In an amended complaint, Independent antitrust law, it beckoned a re-evaluation Dec. 6, 2006: Busy Day for asserted that Trident and Illinois were of the market power presumption upon Circuit Opinions on violating §§ 1 and 2 of the Sherman Act, which International Salt relied. Non-Compete Agreements through illegal tying and monopoliza- Noting that Congress’s amendment tion. The district court granted Trident prohibited the application of the market On Dec. 6, 2006, the 3rd and 1st and Illinois’s motion for summary judg- power presumption to the determination Circuits released opinions dealing with ment regarding the Sherman Act claims. of whether a patentee has engaged in non-compete agreements. The 1st Cir- Independent settled its other claims with patent “misuse,” the court found it ri- cuit, in Ethan & Associates, Inc. v. McKay, Trident and Illinois and appealed the diculous to think that Congress did not 05-2567, (La. App. 1 Cir. 12/6/06) (un- ruling on summary judgment. The court mean for use of a patent, that warrants published), upheld an injunction that re- of appeal for the Federal Circuit reversed punishment as a felony, to qualify as formed geographical limitation clauses the decision with regard to the § 1 claim, “misuse.” The court further found that, in two agreements. Meanwhile, in Ad- relying heavily on International Salt Co. since the patent misuse doctrine was the vance Products & Systems, Inc. v. Simon, v. United States, 68 S.Ct. 12 (1947), in basis for the market power presumption, 06-0609, ____ So.2d ____ (La. App. 3 which the Supreme Court held that leases it would be incongruous to keep the pre- Cir. 12/6/06), the 3rd Circuit denied the of patented equipment requiring the les- sumption in antitrust law after Congress enforcement of two non-compete agree- sees to use lessor’s unpatented product had eliminated its foundation. ments because of a break in employment with the equipment were a violation of § Thus, the court held that, in every case after signing the agreements. 1 of the Sherman Act as a matter of law. involving a tying arrangement, the plain- In Ethan & Associates, Ethan was a The Supreme Court granted certiorari tiff is required to prove that the commercial debt-collecting company that to determine: defendant’s tying product has market employed defendants McKay and power. Mosely. On a yearly basis, employees whether the presumption of market were required to sign non-compete agree- power in a patented product [upon — Roland W. Baggott III ments to continue their employment. which International Salt relied] Member, LSBA Intellectual Ethan’s policy was to terminate any em- should survive as a matter of antitrust Property Law Section ployees unwilling to sign its non-com- law despite its demise in patent law. The Baggott Law Offices, P.L.L.C. pete agreements. In February 2005, Ste. 105, 4525 Harding Rd. McKay refused to sign the 2005 agree- The court held that it should not. Nashville, TN 37205 ment and was discharged. Mosely signed Reviewing its history with regard to tying agreements, the court noted that over time its view of tying agreements had shifted from disapproval and strong reliance on the presumption that a patent provides market power, Fortner Enters., Inc. v. U.S. Steel Corp., 89 S.Ct. 1252 (1969), to less reliance on the presump- tion, and more of a focus on proof of actual market power, see Jefferson Par- ish Hosp. Dist. No. 2 v. Hyde, 104 S.Ct. 1551 (1984). The court explained that the market power presumption originated in patent law, but was imported to antitrust law. The court pointed out, however, that in
Louisiana Bar Journal Vol. 54, No. 5 369 the agreement and shortly thereafter quit. nary injunction, the court, in the interests established in La. R.S. 23:921. Finally, Both became employees of Catalina & of justice and judicial economy, remanded the dissent found that an employer must Associates, a newly formed debt-collec- the case for determination of security show that it carries on like business is tion company. Ethan was unable to pro- rather than setting aside the preliminary every parish where it seeks to enforce its duce evidence of certain agreements injunction because of a failure to set and agreement. No showing was made by signed by McKay and Mosely (including post security. Ethan, and jurisprudence prohibits a blan- the 2004 and 2005 agreements). The trial In striking contrast, the dissenting ket listing of parishes. Judge Welch’s court found that McKay had signed a opinion found the temporary restraining overall concern with the majority’s opin- 2004 agreement and Mosely had done order, preliminary injunction and agree- ion is that simply severing invalid provi- such in 2005. ments lacking in the basic foundations sions encourages employers to continue The agreements provided that the required under Louisiana’s non-compete drafting agreements in such a manner, employees would not work for any debt- law. Non-compete covenants and La. R.S. knowing the only penalty suffered is sev- collection company for 120 days “in Loui- 23:921 must be strictly construed be- erance of the invalid restriction, rather siana in any of the parishes or munici- cause of the derogation of common rights. than invalidating the entire agreement. palities and within a 150 mile radius “[S]imply complying with ‘the spirit of In Advanced Products & Systems v. . . . .” Catalina was located in St. Tammany [La. R.S. 23:]921’ is not sufficient.” Simon, two employees signed non-com- Parish, one of the listed parishes in the The dissent pointed to multiple flaws pete agreements with APS in 1988. In agreement. At the hearing, Ethan demon- that should have caused the preliminary 1990 and 1991, the two employees re- strated that Mosely had drafted a collec- injunction against McKay and Mosely to signed their employment. Soon thereaf- tion letter for Catalina and that McKay fail. Judge Welch found that the TRO ter they returned to work for APS with had sent e-mails to her former clients and preliminary injunction were issued their same benefits and accrued seniority informing them of her move. without security, and therefore were in- and vacation, but never signed new agree- The court found that Ethan was en- valid. The agreements’ prohibitions ments. In 2003, the employees resigned titled to a preliminary injunction enforc- against working in the commercial debt- again, and APS attempted to enforce the ing the agreements in their entirety based collection business were overbroad be- 1988 non-compete agreements. on its showing of these actions by McKay cause they failed to list geographic re- Based on the overriding principles of and Mosely. Specifically, the court stated: strictions. The agreements used in sup- public policy against non-compete agree- port of the verified petition were McKay ments in Louisiana, the court found the Pursuant to Louisiana Revised Stat- and Mosely’s 2003 non-compete agree- agreements invalid because of the break utes 23:921H, upon such proof of ments, which were signed after Swat 24, in service. Even if the court assumed the McKay and Mosely’s failure to but prior to the August 2003 revisions to employees ratified the agreements, APS perform in accordance with their La. R.S. 23:921, and therefore, Ethan could not satisfy the pre-1990 standards respective employment agreements, could not prohibit McKay and Mosely of advertising and investing substantial Ethan was entitled to injunctive re- from going to work for a competitor. sums in training. lief enforcing the entirety of the In continuing to demonstrate reasons employment agreements without es- that these agreements and the prelimi- — Bryce G. Murray tablishing that McKay and Mosely nary injunction were invalidly issued, Executive Council, LSBA Labor and had breached each individual obliga- Judge Welch pointed out that La. R.S. Employment Law Section tion of the employment agreement. 23:921 provides an exception allowing Taggart, Morton, Ogden, Staub, employers to contract with employees to Rougelot & O’Brien, L.L.C. The court further found that the prelimi- prohibit the solicitation of clients, but not Energy Centre nary injunction applies to all of the par- “potential clients,” and therefore, the Ste. 2100, 1100 Poydras St. ishes listed in the agreement, despite agreement overstepped the boundaries New Orleans, LA 70163 Ethan presenting breaches of the agree- ments in only St. Tammany Parish. The 1st Circuit, based on the post-Swat 24 agreements and the agreements’ sever- ability clauses, allowed reformation of www.lsba.org the contracts eliminating the “150 mile radius” language, and considered the list of parishes satisfactory under the require- Your online source for the most up-to-date ments of La. R.S. 23:921(C). LSBA news! Take a look today! Finally, in addressing the issue of post- ing security for the granting of a prelimi-
370 February / March 2007 the hospital was dismissed from the law- “to prospective application only.” In fact, suit, she could no longer be a solidary or the language in LeBreton demonstrated joint obligor, and prescription was not the court’s intent for the holding to apply Professional interrupted under that theory. retroactively. Furthermore, there was no Liability The court of appeal denied the basis not to apply LeBreton retroactively. physician’s exception of prescription and Therefore, applying LeBreton to the in- affirmed the judgment on liability and stant case, the court granted Baez’s ex- Prescription damages. On the question of whether the ception of prescription. lawsuit interrupted prescription, the court Bush v. Nat’l Health Care, 05-2477 (La. of appeal ruled that at the time the plain- 10/17/06), 939 So.2d 1216. tiffs filed the first suit in district court, the Surgeon’s Responsibility Medical malpractice allegedly oc- Supreme Court had not yet rendered its for Sponge Counts curred on July 8, 1996. On July 8, 1997, opinion in LeBreton and, therefore, the the plaintiffs filed a lawsuit in district prevailing jurisprudence in the 3rd Cir- McLin v. Breaux, 05-1911 (La. App. 1 court against a physician (Baez) and a cuit at that time held that the filing of a Cir. 11/3/06), ____ So.2d ____. hospital (Byrd). On Sept. 23, 1997, the suit in district court against a qualified A patient discovered several days af- plaintiffs filed a medical-review-panel healthcare provider did interrupt prescrip- ter surgery that her abdominal pain was request, naming only Baez. tion. The court of appeal reasoned that to caused by a laparotomy pad/sponge left Baez filed an exception, contending apply LeBreton retroactively would be in her abdominal cavity. A second sur- that the lawsuit was premature until panel “patently unfair” to parties who relied on gery was performed, and the patient re- proceedings were complete. Prior to the prior “settled jurisprudence,” thereby covered. She then filed a request for a hearing on the exception, the plaintiffs depriving plaintiffs of pre-existing vested panel that included the hospital, the sur- voluntarily dismissed their suit without rights in their claim. geon and the assisting surgeon. The hos- prejudice against Baez but not against The Supreme Court, in a per curiam pital settled before a panel of three phy- the nonqualified hospital. opinion on a writ of certiorari, reversed sicians met and decided that neither of On Jan. 10, 2000, the medical-review the court of appeal. The Supreme Court the surgeons had breached the standard panel found that Baez did not breach any noted the general rule that a court’s deci- of care. Suit was then filed only against standard of care, and on Feb. 24, 2000, sion “operates both prospectively and the surgeon. the plaintiffs filed a lawsuit against Baez. retrospectively, except that it will not be The facts were uncontested. The sur- Baez then filed an exception of prescrip- permitted to disturb vested rights.” The geon manually explored the patient’s ab- tion, which the trial court denied, reason- Supreme Court also noted that in a 1979 dominal cavity and removed the sponges ing that the initial lawsuit filed on July 8 alimony case, it had declared Louisiana he had used. He then visually examined against Byrd interrupted prescription as art. 160 unconstitutional, but concluded the area and did not see any remaining to the claim against Baez because she that the decision should not be given material. When the surgeon began to was a potential joint or solidary obligor retroactive effect. However, unlike the close, the nurses performed a surgical with the hospital. Byrd then filed a mo- alimony case, Lovel v. Lovel, 378 So.2d count and told the surgeon that all mate- tion for summary judgment, contending 418 (La. 1979), the LeBreton opinion rials were accounted for and were out- that the plaintiffs could not produce any said nothing about limiting its holding side of the patient’s body. Another count evidence of negligence on its part. This motion was granted, and the hospital was dismissed with prejudice. No appeal from that judgment was taken. The suit against Baez then proceeded to trial, at the conclusion of which the trial court found that Baez had breached the standard of care and awarded $50,000 in damages to the plaintiffs. Baez appealed the judgment and filed an exception of prescription with the court of appeal. Baez relied on LeBreton v. Rabito, 97-0221 (La. 7/8/98), 714 So.2d 1226, for the proposition that the initial suit was premature and did not interrupt prescription. Furthermore, since
Louisiana Bar Journal Vol. 54, No. 5 371 was performed when the surgeon was of the surgeon to affirm the lower court’s The trial court granted Audubon’s mo- finishing closure, again with the same JNOV ruling in which it apportioned tion for summary judgment, finding that result. However, the hospital staff admit- fault equally between the surgeon and the the property in dispute was a “public ted that it did not completely follow the hospital. thing” and was not susceptible of being hospital’s policy for surgical counts, and acquired through prescription. Affirm- the counts were obviously incorrect. — Robert J. David ing the trial court’s decision, the 4th A jury found that the surgeon was not Gainsburgh, Benjamin, David, Circuit held that Audubon Park was negligent. The trial court then granted the Meunier & Warshauer, L.L.C. owned by the City of New Orleans in its plaintiff’s motion for JNOV and appor- 2800 Energy Centre public capacity and had been dedicated as tioned fault 50 percent to the surgeon and 1100 Poydras St. a public park; therefore, it was insuscep- 50 percent to the hospital. The surgeon New Orleans, LA 70163-2800 tible of private ownership and could not be appealed. acquired by acquisitive prescription. The surgeon argued that case law hold- The plaintiffs further argued that the ing that a surgeon has a “nondelegable “ Trusts, Estate, encroachments satisfied the requirements duty to remove materials used during of La. Civ.C. art. 459, which provides surgery is a form of strict liability that Probate and that the owner cannot be compelled to was legislatively overruled in 1975 with Immovable remove a building that merely encroaches the passage of the Medical Malpractice on a public way and cannot be removed Act (specifically, La. R.S. 9:2794). The Property Law without substantial damage. The court surgeon also contended that the way in rejected this argument, finding that the which the surgery is performed does not fence excluded all members of the public allow a surgeon independently to be in a Encroachments on from enjoying that part of the park and position to ensure that every sponge has Public Property that it was more than a “mere encroach- been removed, and in this case it was ment.” Rather, the court found the en- clear from the evidence that the hospital Band v. Audubon Park Comm’n, 05- croachments were works obstructing the staff violated procedure and should be 0937 (La. App. 4 Cir. 7/12/06), 936 So.2d public use and held that Audubon had the found to have been solely at fault. Evi- 841, writ denied, 06-1990 (La. 11/3/06), right to demand removal of the encroach- dence was presented by expert witnesses 940 So.2d 640. ments at the plaintiffs’ expense in accor- that the general practice was to rely on In 1981, the plaintiffs purchased a dance with La. Civ.C. art. 458. the nurses for the sponge count, together house on 315 Walnut St., adjoining with a visual inspection of the area of Audubon Park. At the time of purchase, Undue Influence surgery by the surgeon, prior to closure. they noted visible encroachments con- on Testator’s Will The court of appeal said that it found sisting of a brick patio and a light metal the surgeon’s argument “quite persua- fence, which intruded onto the park. In Succ. of Berman, 05-0641 (La. App. 4 sive and compelling,” but it was never- 2003, plaintiffs instituted proceedings Cir. 7/26/06), 937 So.2d 437. theless constrained by precedent and the against the Audubon Park Commission The testator executed three separate “apparent continuing viability of the prin- (Audubon), alleging ownership of park testaments in 1981, 1991 and 2001. Un- ciple of a nondelegable duty” on the part property through acquisitive prescription. der the 1991 testament, he had left his business, as well as the building from which the business operated, to two of his sons. In his 2001 testament, however, the testator revoked the building legacy to his sons and instead left the building to all six of his children. The testator’s sons instituted an action to annul his latest testament, claiming that their sister, who resided with testator until the time of his death, had unduly influenced their father into changing his testament. The trial court agreed and invalidated the 2001 testament. The trial court considered the follow- ing facts, among others, in finding clear and convincing evidence of undue influ-
372 February / March 2007 ence: the prior wills were prepared by a The court also noted that legatee’s of art. 584, the court declined to extend different attorney, the daughter attempted financial responsibilities under the testa- any of the Code articles governing usu- to obtain a copy of her father’s previous ment were substantially similar to those fructs to Mrs. Firmin’s right of use and will and employed an attorney to assist her, provided for in La. Civ.C. art. 636, which habitation, and the court held that she the daughter requested an attorney to draft provides that the obligations of a person was not responsible for either the mort- a new will and was present at all meetings with the right of habitation include ordi- gage payments or interest thereon. between the attorney and the testator, and nary taxes, payment of taxes, and other the daughter requested that the attorney annual charges “in the same manner as a — Jonathan Cerise correct typographical errors in the will. usufructuary.” The court determined that Member, LSBA Trusts, Estate, Probate The 4th Circuit reversed the trial court the applicable code article on usufruct was and Immovable Property Law Section and found that the daughter had not un- La. Civ.C. art. 584, under which “other Sher Garner Cahill Richter Klein & duly influenced her father into changing annual charges” are determined to be pub- Hilbert, L.L.C. his will. The court began its analysis with lic charges, not mortgage payments. Ste. 2800, 909 Poydras St. the principle that the donee’s influence Other than the possible applicability New Orleans, LA 70112 must be so substantial that the donee’s volition is substituted for that of the do- nor. La. Civ.C. art. 1479. In rejecting the trial court’s findings, the court noted that there was no evi- Alcohol and Drug Abuse Hotline dence suggesting that the daughter at- Director William R. Leary 1(866)354-9334 tempted to gain a particular gift or be- Ste. 4-A, 5789 Hwy. 311, Houma, LA 70360 quest for herself. Rather, in the 2001 will, the testator left the building to all the Area Committee Contact Phone children, and also revoked his previous disinherison of one of his children. Based Alexandria Stephen E. Everett ...... (318)640-1824, (318)443-6312 upon these facts, the court found that the testator wished to make things equal Baton Rouge Steven Adams ...... (225)753-1365, (225)924-1510 among his six children and held that the David E. Cooley ...... (225)751-7927, (225)753-3407 trial court’s finding of undue influence to John A. Gutierrez ...... (225)715-5438, (225)744-3555 revoke the 2001 testament was mani- festly erroneous. Houma Bill Leary ...... (985)851-0611, (985)868-4826
Right of Habitation Lafayette Alfred “Smitty” Landry ...... (337)364-5408, (337)364-7626 Thomas E. Guilbeau ...... (337)232-7240 Succ. of Firmin, 05-1218 (La. App. 4 James Lambert ...... (337)233-8695, (337)235-1825 Cir. 8/2/06), 938 So.2d 209. The testator left his wife the use and Lake Charles Thomas M. Bergstedt ...... (337)433-3004, (337)558-5032 habitation of decedent’s home. She filed Nanette H. Cagney ...... (337)437-3884, (337)477-3986 a motion to compel the estate to pay the mortgage on the property, but the execu- Monroe Robert A. Lee...... (318)387-3872, (318)388-4472 trix contended that Mrs. Firmin was ob- ligated to pay the mortgage or, alterna- New Orleans Deborah Faust ...... (504)486-4411, (504)833-8500 tively, the interest on the mortgage. The Donald Massey ...... (504)585-0290 district court ruled in favor of Mrs. Firmin. Dian Tooley ...... (504)861-5682, (504)831-1838 On appeal, the executrix argued that the Louisiana Civil Code articles relating Shreveport Bill Allison ...... (318)221-0300, (318)865-6367 to habitation impart usufructuary obliga- Ed Blewer ...... (318)227-7712, (318)865-6812 tions on the legatee. See La. Civ.C. arts. Steve Thomas ...... (318)872-6250 630-636. The court rejected this argu- ment, finding that Mrs. Firmin’s right of habitation was governed by the testa- The Lawyers Assistance Program, Inc. provides confidential assistance mentary language that explicitly delin- with problems such as alcoholism, substance abuse, mental health issues, eated her rights and responsibilities in gambling and all other addictions. accordance with La. Civ.C. art. 632.
Louisiana Bar Journal Vol. 54, No. 5 373 LAWYERSYoung CHAIR’S MESSAGE. . . . SPOTLIGHT
CHAIR’S MESSAGE YOUNG LAWYER SPOTLIGHT
Pro Bono Publico: The Obligation and the Opportunity
By Mark E. Morice
The Obligation Tara G. Richard WHEW! It has been a wild and crazy year since the Big K, New Orleans but moving through it is inevitable and I The Louisiana State Bar Association’s Young Lawyers Section Council is say that you better spotlighting Tara G. Richard, a partner in the Litigation Practice Group of Jones Walker. just “paddle with it.” After graduating from Louisiana State University Paul M. Hebert Law Center in 1999, As lawyers in our she completed a clerkship with Hon. Catherine D. Kimball, associate justice of the system of justice, Louisiana Supreme Court. Richard primarily practices in the fields of bankruptcy and whether criminal or creditors-debtors rights and environmental and energy law. civil, our obligation In January 2006, Richard was elected to serve as chair of the New Orleans Bar is greater than ever Mark E. Morice Association’s Young Lawyers Section (NOBA YLS). She lead the NOBA YLS in to serve our com- programs designed to make an impact on various constituencies in post-Katrina New munity’s disadvantaged and show thanks Orleans. She also has served for several years on the governing body of the Women’s for our abilities to assist. It is a privilege Leadership Initiative of the United Way, which was formed to support the unique to serve as a member of the Louisiana Bar, and lawyers should take some time health and human services needs of women and children in the Greater New Orleans to assist the less fortunate in gaining area. She currently serves as chair of the Women’s Initiative, Next Generation access to justice. (WINGS) Committee. In 1975, the American Bar Associa- For the past five years, she served as the team leader for her firm’s participation in tion (ABA) House of Delegates adopted the Louisiana State Bar Association/Louisiana Bar Foundation’s Secret Santa Project. a resolution that formally acknowledges Through her efforts, more than 400 needy children have received gifts. the basic responsibility of each lawyer Richard serves on the board of the Younger Lawyers Division of the Federal Bar engaged in the practice of law to provide Association/New Orleans Chapter, where she assists various committees with execu- public interest legal services (the tion of their programs. Also, she volunteers her time with the Young Leadership Montreal Resolution). It defined pro bono Council and various other organizations. in part by specifying areas in which the She is a member of the New Orleans Bar Association, Texas Bar Association, services should be rendered, namely, American Bar Association, American Inn of Court/New Orleans Bar Association poverty law, civil rights law, public rights law, charitable organization representa- Chapter, American Bankruptcy Institute and the Federal Bar Association/New Orleans tion and the administration of justice. Chapter. Under the ABA ethical rules, it is recom- mended that lawyers in the United States contribute at least 50 hours of pro bono service per year and the Louisiana Su-
Continued on page 375
374 February / March 2007 Chair’s Message continued from page 374 LOCAL AFFILIATES preme Court promulgates the same rec- I know that in your community there ommendation as the ABA. are countless disadvantaged citizens who Baton Rouge Bar’s YLS Holds In a recent conversation, the very fa- are currently in need of assistance with Cocktails with the Court mous “Louisiana Boudreaux” said, “Ma divorce, custody and adoption matters, cher Clotile, you gotta help a neighbor landlord/tenant disputes, estate (succes- The Baton Rouge Bar Association’s when da alligators a’ comin’.” Well, the Young Lawyers Section held its Cocktails sion) work, child abuse and neglect, tort “alligators” are at the heels of many of with the Court reception in November defense and consumer problems. Please Louisiana’s broad-based impoverished 2006 to honor area judges and their law groups. There is a direct connection be- take the time to volunteer locally or get clerks. More than 100 guests attended. tween poverty and the inability of those involved by signing on the LSBA Web site Catherine Saba Giering coordinated the citizens to have the same access to justice under the Access to Justice Committee. reception. Kelsey Kornick Funes is the that we all deserve. This culminates with Help the public. Help your profes- 2006 YLS chair. Susan Kelley is the staff our neighbors, Louisiana citizens, facing sion. Give pro bono because you can. liaison for the Young Lawyers Section. the perils of losing their basic rights un- der our Constitution and under our laws.
The Opportunity You don’t even have to leave home to volunteer. Rather just search the Internet for “pro bono Louisiana” and you will find numerous opportunities to assist. If you are interested in finding a local inter- est to support, you can check with your local courts or your legal services groups for appointment opportunities. Also, the Louisiana State Bar Association (LSBA) Access to Justice Committee welcomes all volunteers and can assist you in find- ing a program suited to your field of practice or interest. I also want you to know that the Young Lawyers Section of the LSBA has had a long tradition of public service projects 2006 Baton Rouge Bar Association President Jay Jalenak Jr., from left, President-Elect designed to assist Louisiana citizens. We Barbara Baier, Paul Baier and Judge Suzan Ponder attended the Cocktails with the Court are currently seeking volunteers to help reception in November 2006. with three great programs for our com- munities. The first program is “Barristers for Boards,” giving lawyers an opportu- nity to volunteer and serve on boards of LSBA Young Lawyers Section non-profit organizations through a part- nership established with the Louisiana Spotlighting Diversity Programs Association of Non-Profit Organizations. The second program is “Wills for He- The Louisiana State Bar Association’s Young Lawyers Section roes,” giving lawyers an opportunity to spend a day with first responders, such as wants to spotlight your organization’s efforts police, fire and paramedic personnel, so to promote diversity in your community in promotion of its that their estate planning needs can be theme “Diversity: Prima Facie Evidence of Unity” this year. met. The third program is “Choose Law,” Forward a brief description of your past or upcoming giving lawyers the chance to promote the programs to Chauntis T. Jenkins, LSBA YLS at-large profession of law to minority children through an easy-to-use video and infor- representative, at [email protected]. mation package.
Louisiana Bar Journal Vol. 54, No. 5 375 FREE to LSBA Members! FREE to LSBA Members!
Requests from LSBA Members: Fastcase Launches New Features
In response to requests from Louisiana State Bar Association members, Fastcase has launched new features. Fastcase, the online legal research service, is offered free to Louisiana lawyers as a benefit of LSBA membership. Now when users log in to Fastcase, they access a customized home page rather than being directed to “Search Cases.” The home page includes a list of the different types of materials available on the member benefit (not just cases), as well as a customized search history and a customized “Quick Search” fea- ture. Also, many members have requested more prominent “Print/Save” buttons and the ability to personalize font sizes; both have been included in the updates. The ability to search newspapers also has been added, and the Authority Check feature has been made more prominent.
To take advantage of all that Fastcase has to offer, go to: www.lsba.org/Member_Services/ fastcase.asp. FASTCASE To access all the FREE services, go to: www.lsba.org/Member_Services/fastcase.asp
376 February / March 2007 JUDICIALNotes By Robert Gunn, Louisiana Supreme Court JUDGE ELECTED . . . APPOINTMENTS
Judge Elected Ward, Jr. were reappointed, by order signment on the 2nd Circuit Court of of the Louisiana Supreme Court, to Appeal. He was elected to the Louisiana Monroe City Court Judge Scott the Louisiana Attorney Disciplinary Supreme Court from the 4th Supreme Leehy was elected to 4th Judicial Dis- Board for terms of office which began Court District, serving from 1968 until trict Court, Division A, to fill the vacancy Jan. 1 and will end on Dec. 31, 2009. his retirement in 1975. He served as created by the retirement of Judge Jimmy Glenn B. Adams was reappointed, by professor of law at Tulane Law School Dimos. Prior to his election to the bench, order of the Louisiana Supreme Court, and as a reporter for the Louisiana State Judge Leehy received his undergraduate to the Louisiana Attorney Disciplin- Law Institute. He was a member of a degree from the University of Louisiana ary Board for a term of office which number of civic and professional organi- at Monroe and his JD degree from Mis- began Jan. 1 and will end on Dec. 31, zations, including the Louisiana Juvenile sissippi College of Law. He is a former 2007. Court Judges Association, the Board of assistant district attorney and served as a Governors of the Louisiana State Bar staff attorney for the Department of So- Death Association, the Judicial Council of the cial Services. He was elected as judge on Louisiana Supreme Court, the American, Monroe City Court in 1996 and was re- Retired Louisiana Supreme Court Louisiana and New Orleans bar associa- elected without opposition in 2002. He Justice Mack E. Barham, 82, died Nov. tions, the American Judicature Society, has served as president of the Louisiana 27, 2006. He attended Louisiana State the Council of the Louisiana State Law City Court Judges Association and served University and the University of Colo- Institute and National Appellate Judges as a member of the Judicial Council of rado and received his LLB degree from Conference. He was a graduate of the the Louisiana Supreme Court. LSU Law Center in 1946, where he served Trial Judges College at the University of as chief justice of the Honor Court. Colorado, a faculty member of the Ameri- Appointments Elected as judge of Bastrop City Court in can Academy of Judicial Education, a 1948, he served until 1962 when he took visiting professor at LSU Law Center Lev M. Dawson, Richard E. Gerard, office after his election to the 4th Judicial and the author of a number of law review Jr., Dennis W. Hennen and Joseph R. District Court bench. He served by as- articles and other publications.
Louisiana Bar Journal Vol. 54, No. 5 377 PEOPLE LAWYERS ON THE MOVE . . . NEWSMAKERS
partner in the New Orleans office, has changed its name to Chehardy, Sherman, LAWYERS ON been elected to serve a three-year term on Ellis, Murray, Recile, Griffith, Stakelum THE MOVE the firm’s Executive Committee, effec- & Hayes, L.L.P. Also, Jacqueline H. tive Jan. 1. Blankenship has joined the firm as a Abbott, Simses & Kuchler, A.P.L.C., an- partner and John H. Grimstad has joined nounces that Paul M. Lavelle, Lou Anne Ansardi, Maxwell & Power, A.P.L.C., the firm as an associate. Gwartney, Kendra L. Duay, Jevan S. has relocated its offices to Ste. 102, 2200 Fleming and Nancy A. Brechtel have Veterans Memorial Blvd., Kenner, LA Curry & Friend, A.P.L.C., announces joined the firm as associates. 70062; phone (504)466-1331. that Brett F. Willie and Rodi W. Culotta have joined the firm as associates. Adams and Reese, L.L.P., announces that Baker, Donelson, Bearman, Caldwell & Christopher A. D’Amour, a member of Berkowitz, P.C., announces that Anne Deutsch, Kerrigan & Stiles announces the firm’s New Orleans office, has been Derbes Keller has joined the firm’s New that Kellie M. Rish, Jonathan M. Walsh, selected for partnership. Also, Eric B. Orleans office as of counsel. Paul D. Hale and Scott J. Hedlund have Landry and David K. McCrory have joined the firm as associates in the New joined the firm as associates in the Baton Black and Graham in Colorado Springs, Orleans office. Rouge office and Christine Simons Colo., announces that Oliver F. Johnson Fortunato, Chester G. Moore III, has been admitted to the Colorado Bar Woody Falgoust, A.L.C., has relocated Danielle L. Pellegrin, Ravi Sinha, and has joined the firm. its offices to 1050 Canal Blvd., Shelly F. Spansel and Shana A. Stumpf Thibodaux, LA 70301; phone (985)447- have joined the firm as associates in the Chehardy, Sherman, Ellis, Breslin, 6665. Also, the firm announces the asso- New Orleans office. Mark J. Spansel, a Murray, Recile & Griffith, L.L.P., has ciation of Rachael Bollinger Carothers.
John G. Alsobrook Jacqueline H. Nancy A. Brechtel Rachael Bollinger Cathy E. Chessin Rodi W. Culotta Blankenship Carothers
Christopher A. Anundra Martin Kendra L. Duay Woody Falgoust Jevan S. Fleming Christine Simons D’Amour Dillon Fortunato
378 February / March 2007 Frilot Partridge, L.C., announces that Daniel M. Redmann and Daniel R. Hynes announces the election of John G. Anundra Martin Dillon, T. Patrick have joined the firm as associates. Alsobrook as a member of the board of O’Leary and Michelle C. Purchner directors. Alsobrook practices in the have joined the firm as associates. Hargrove, Smelley & Strickland, firm’s New Orleans office. A.P.L.C., announces that Glenn L. Lan- Gachassin Law Firm announces that Janet gley has become a shareholder and that Schonekas, Winsberg, Evans & McGoey, C. Smith and Janice M. Culotta have the firm has changed its name to Hargrove, L.L.C., announces that William P. joined the firm in Lafayette. Smelley, Strickland & Langley, A.P.L.C. Gibbens and Alvin J. Robert, Jr. have Also, T. Issac Howell and Magan F. joined the firm as associates. Gordon, Arata, McCollam, Duplantis & Causey have joined the firm as associ- Eagan, L.L.P., announces that Robert D. ates. Simien & Miniex, A.P.L.C., announces Jowers has joined the firm as a partner in that Holli K. Yandle and Julie K. Steele the Houston office; Cathy E. Chessin Hilleren & Hilleren, L.L.P., has relo- have joined the firm as associates. has joined the firm as of counsel in the cated its offices to 131 Oakwold Lane, Houston office; Abaigeal L. Van P.O. Box 210, Evergreen, LA 71333. Stemmans & Alley, P.L.L.C., announces Deerlin, Karen J. Ortego and Stephanie that Jennifer E. Frederickson has joined Chiasson Toups have joined the firm as McGlinchey Stafford, P.L.L.C., an- the firm as an associate. associates in the New Orleans office; and nounces that Amanda S. Stout and Kate Bailey Labue has joined the firm Kathryn B. Larose have joined the firm in Stone Pigman Walther Wittmann, L.L.C., as an associate in the Baton Rouge office. the Baton Rouge office, Ingrid M. Kemp announces that Heather Begneaud has joined the firm in the New Orleans McGowan has joined the firm as an Hailey, McNamara, Hall, Larmann & office, and Rusty M. Messer has joined associate. Papale, L.L.P., announces that Michael the firm in the Monroe office. J. Vondenstein has been named liaison Wheelis & Rozanski, A.P.L.C., an- managing partner. Joseph L. Spilman III Mouledoux, Bland, Legrand & Brackett, nounces that Ryan C. Robison has joined and Caroline D. Ibos have been pro- L.L.C., announces that Jon B. Robinson the firm as an associate in its Alexandria moted to equity partner. Sean P. Mount has joined the firm as an associate. office. and Gabriel J. Veninata have been named partners. Robert D. Ford is of counsel. Ostendorf, Tate, Barnett & Wells, L.L.P., Continued next page
William P. Gibbens John H. Grimstad Lou Anne Gwartney Robert D. Jowers Kate Bailey Labue Eric B. Landry
Paul M. Lavelle David K. McCrory Heather Begneaud Chester G. T. Patrick O’Leary Karen J. Ortego McGowan Moore III
Louisiana Bar Journal Vol. 54, No. 5 379 People Deadlines Porteous, Hainkel & Johnson, has been NEWSMAKERS selected as a Fellow in the American Bar & Notes Association Tort, Trial and Practice Sec- Abbott, Simses & Kuchler, A.P.L.C., has tion Leadership Academy, one of only 25 Deadlines for submitting People been selected by Corporate Counsel people selected nationwide. announcements (and photos) : magazine as a Go-To Law Firm®, follow- ing a survey of Fortune 500® companies. Donna G. Klein, managing partner of the Publication Deadline New Orleans office of McGlinchey June/July 2007 ...... April 4, 2007 Alton E. (Biff) Bayard III, a shareholder Stafford, P.L.L.C., was selected as one of Aug./Sept. 2007 ...... June 4, 2007 in the Baton Rouge office of Baker, New Orleans CityBusiness’s 2006 Oct./Nov. 2007...... Aug. 3, 2007 Donelson, Bearman, Caldwell & Women of the Year. Dec./Jan. 2008 ...... Oct. 4, 2007 Berkowitz, P.C., has been elected a Fel- low of the American College of Trust and Phyllis E. Mann, of the Law Office of Announcements are published free Estate Counsel. Phyllis E. Mann, is the 2006 recipient of of charge for members of the the Arthur von Briesen Award, presented Louisiana State Bar Association. George L. Clauer III, a Louisiana State by the National Legal Aid & Defender Members may publish photos with Bar Association member practicing in Association. The award honors a private their announcements at a cost of the Greenville, S.C., firm of Skinner & attorney who has made substantial vol- $50 per photo. Associates, L.L.C., has been appointed unteer contributions in the delivery of to the board of directors of the American civil legal aid or indigent defense repre- Send announcements, photos Board of Certification. sentation. and photo payments (checks payable to Louisiana State Emily Black Grey, an attorney in the B. Troy Villa, partner in charge of the Bar Association) to: Baton Rouge office of McGlinchey Baton Rouge office of Adams and Reese, Publications Coordinator Stafford, P.L.L.C., was named to the L.L.P., has been selected to participate in Darlene M. LaBranche Baton Rouge Business Report’s 2006 Leadership Louisiana 2007, a nationally Louisiana Bar Journal “Top 40 Under 40” list of professionals. recognized program that enhances the 601 St. Charles Ave. capacity of leaders from across the state. New Orleans, LA 70130-3404 Chauntis T. Jenkins, an associate with or e-mail [email protected]
Danielle L. Michelle C. Alvin J. Robert, Jr. Jon B. Robinson Ravi Sinha Mark J. Spansel Pellegrin Purchner
Shelly F. Spansel Shana A. Stumpf Stephanie Chiasson Abaigeal L. B. Troy Villa Brett F. Willie Toups Van Deerlin
380 February / March 2007 Client Assistance FUND FUND PAYMENTS
CLIENT ASSISTANCE FUND PAYMENTS / DEC. 7, 2006
Attorney Amount Paid Gist Akilah Mawusi Ali $7,500.00 #730 - Unearned fee in an employment matter Phillip Lucius Alleman $734.00 #812 - Unearned fee in a bankruptcy matter Jo Anne Fleming $1,500.00 #794 - Unearned fee in a divorce matter Troy DeWayne Jackson $600.00 #807 - Unearned fee in a wrongful death matter Troy DeWayne Jackson $2,250.00 #811 - Unearned fee in an EEOC matter Keith J. Labat $25,000.00 #782 - Conversion of funds in a personal injury matter W. Scott Maxwell $3,000.00 #824 - Unearned fee in a succession matter Martha E. Minnieweather $3,400.00 #713 - Unearned fee in foreclosure matter
Need some help managing your law office?
The Louisiana State Bar Association is coming to the rescue!
The Louisiana State Bar Association (LSBA) has established the Law Office Management Assistance Program (LOMAP, for short). The program is designed to assist lawyers in in- creasing the quality of the legal services they provide.
LOMAP was launched on Aug. 1, 2006, with a Lending Library and other resources available online at the LSBA’s Web site, www.lsba.org. Questions or comments about LOMAP may be sent to Eric K. Barefield, [email protected] or call (504)619-0122 or (800)421- 5722, ext. 122.
For more information on all LSBA programs, go to www.lsba.org.
Louisiana Bar Journal Vol. 54, No. 5 381 LouisianaQ&A Client Assistance Fund What is the Louisiana Client Assis- to a lawyer’s dishonesty can apply for ciplinary Counsel. The Disciplinary tance Fund? reimbursement. You do not have to be a Counsel’s office will investigate your The Louisiana Client Assistance Fund United States citizen. However, if you are complaint. To file a complaint with the was created to compensate clients who the spouse or other close relative of the Office of Disciplinary Counsel or to ob- lose money due to a lawyer’s dishonest lawyer in question, or the lawyer’s busi- tain a complaint form, write to: Disci- conduct. The Fund can reimburse clients ness partner, employer or employee, or plinary Counsel, 4000 South Sherwood up to $25,000 for thefts by a lawyer. It in a business controlled by the lawyer, Forest Blvd., Suite 607, Baton Rouge, covers money or property lost because a the Fund will not pay you reimbursement. LA 70816-4388. Client Assistance Fund lawyer was dishonest (not because the Also, the Fund will not reimburse for applications are available by calling or lawyer acted incompetently or failed to losses suffered by government entities or writing: The Client Assistance Fund, 601 take certain action). The fund does not agencies. St. Charles Ave., New Orleans, LA 70130- pay interest nor does it pay for any dam- 3427, (504)566-1600 or (800)421-5722. ages done as a result of losing your Who decides whether I qualify for re- Applicants are requested to complete an money. imbursement? Application for Relief and Financial Infor- The Client Assistance Fund Committee mation Form. How do I qualify for the Fund? decides whether you qualify for reim- Clients must be able to show that the bursement from the Fund, and, if so, Are there other avenues to explore to money or property came into the lawyer’s whether part or all of your application obtain reimbursement? hands. will be paid. The committee is not obli- Depending on the circumstances, you gated to pay any claim. Disbursements may be able to file a civil lawsuit or crimi- Does the Fund cover fees? from the Fund are at the sole discretion nal charges against the lawyer. You The Fund will reimburse fees only in lim- of the committee. The committee is made should consult a new lawyer or the dis- ited cases. If the lawyer did no work, fees up of volunteer lawyers who investigate trict attorney’s office about these matters. may be covered by the Fund. Fees are all claims. Note that there are deadlines for starting not reimbursable simply because you are this process. dissatisfied with the services or because How do I file a claim? work was not completed. Because the Client Assistance Fund I don’t know another lawyer. How can Committee requires proof that the law- I find someone? Who can, or cannot, qualify for the yer dishonestly took your money or prop- Call the Lawyer Referral service in your Fund? erty, you should register a complaint area. These services are listed in the Yel- Almost anyone who has lost money due against the lawyer with the Office of Dis- low Pages of the telephone directory.
Is there any charge for seeking Client Assistance Fund help? No. The process is free.
Do I need an attorney to seek Client Assistance Fund help? You do not need a lawyer to apply but you may consult one if you wish. Also • Advice for preventing and be aware that if you have a specific legal responding to complaints of problem, you should not try to apply or ethical misconduct interpret the law without the aid of a • Representation in all stages of trained expert who knows the facts be- 225-927-4774 disciplinary proceedings and cause the facts may change the applica- bar admissions matters tion of the law.
382 February / March 2007 DISCIPLINE Reports REPORTING DATE 12/1/06
DISCIPLINARY REPORT: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
The following is a verbatim report of the matters acted upon by the United States District Court for the Eastern District of Louisiana, pursuant to its Disciplinary Rules. This information is published at the request of that court, which is solely responsible for the accuracy of its content. This report is as of Dec. 1, 2006.
Respondent Disposition Date Filed Docket No. Mel L. Credeur Interim suspension retroactive to 7/28/06. 10/11/06 06-4491 “I” Richard B. Cook Suspended three years, all but 18 months deferred, retroactive to 6/30/06. 11/13/06 06-3985 “C” Ermence Debose-Parent Reinstated to practice. 11/16/06 04-1217 “R” Henry A. Dillon Disbarred. 11/16/06 06-645 “L” Troy D. Jackson Suspended until further order of this court. 11/15/06 06-5727 “A” John S. Keller Disbarred. 11/06/06 06-69 “R” Randal L. Menard Publicly reprimanded. 11/14/06 06-6493 “N” Kevin P. Monahan Suspended six months, all but 45 days deferred, retroactive to 6/30/06. 11/14/06 06-3986 “I”
REPORT BY DISCIPLINARY COUNSEL
Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date Dec. 1, 2006.
Decisions erate with the Office of Disciplinary ment with the minimum period for Counsel in its investigations; failure to readmission for an additional five years Lawrence Babineaux, Lake Charles, refund an unearned fee; and failure to from the date upon which he is eligible (2005-B-1257) Year-and-a-day suspen- communicate with a client. to seek readmission from the judg- sion with all but 90 days deferred or- Michael J. Bonnette, Natchitoches, ment of disbarment in In re: Bonnette, dered by the court on Nov. 29, 2006. (2006-B-0951) Adjudged guilty of ad- JUDGMENT FINAL and EFFECTIVE ditional violations warranting disbar- Continued next page on Nov. 29, 2006. Gist: Failure to pro- vide competent representation; conflict of interest; failure to protect client’s in- Counselor, advocate, and terests upon termination of representa- tion; and failure to exercise independent expert witness professional judgment. James M. Banks, Jr., New Orleans, (2006-B-0398) Adjudged guilty of ad- Practice limited to matters involving legal and ditional violations which warrant dis- judicial ethics barment and which may be considered in the event he applies for readmission Elizabeth A. Alston Alston Law Firm, LLC from his disbarment after becoming 701 Mariner¶s Plaza http://LawyerRisk.com eligible to do so ordered by the court on Mandeville, LA 70448 Oct. 13, 2006. JUDGMENT FINAL and (985) 727-2877 New Orleans direct: 566-7311 EFFECTIVE on Oct. 30, 2005. Gist: Neglected legal matters; failed to coop-
Louisiana Bar Journal Vol. 54, No. 5 383 Discipline continued from page 383 ordered by the court on Oct. 17, 2006. JUDGMENT FINAL and EFFECTIVE 02-2596 (La. 1/24/03), to provide his 2006. JUDGMENT FINAL and EFFEC- on Oct. 31, 2006. Gist: Knowingly mak- clients with full accountings and re- TIVE on Nov. 3, 2006. Gist: Engaging in ing false statements of material fact or fund of any unearned fees ordered by conduct intended to disrupt a tribunal law to a tribunal; offering evidence the the court on Sept. 15, 2006. JUDGMENT and engaging in conduct prejudicial to lawyer knows to be false; falsifying evi- FINAL AND EFFECTIVE on Sept. 30, the administration of justice. dence; knowingly disobeying an obliga- 2006. Gist: Multiple instances of failure David Jack Dowell, Gretna, (2006- tion under the rules of a tribunal; violat- to communicate with clients; failure to B-1201) Disbarment and restitution ing the Rules of Professional Conduct; withdraw upon being discharged; failure ordered by the court on Oct. 6, 2006. engaging in conduct involving dishon- to provide accountings; failure to refund JUDGMENT FINAL and EFFECTIVE esty, fraud, deceit or misrepresentation; unearned fees; and failure to cooperate on Oct. 21, 2006. Gist: Misappropriation and engaging in conduct prejudicial to with the Office of Disciplinary Counsel of funds belonging to his law firm and the administration of justice. in investigations of complaints. client; misrepresentations to his law firm John M. Sartin, Jr., New Orleans, John Ernest Brown, Lake Charles, and client; neglect of a legal matter; and (2006-OB-2394) Transfer to disability (2006-OB-2210) Transferred to dis- failure to cooperate with the Office of inactive status ordered by the court on ability inactive status by order of the Disciplinary Counsel. Oct. 12, 2006. JUDGMENT FINAL and court on Sept. 13, 2006. JUDGMENT Troy DeWayne Jackson, Baton EFFECTIVE on Oct. 12, 2006. FINAL and EFFECTIVE on Sept. 27, Rouge, (2006-OB-2297) Permanent res- Glen Edward Smith, Baton Rouge, 2006. ignation in lieu of discipline ordered by (2006-B-1709) Permanent disbarment Vincent C. Cofield, Natchitoches, the court on Oct. 12, 2006. JUDGMENT ordered by the court on Nov. 17, 2006. (2006-B-0577) Disbarment retroactive FINAL and EFFECTIVE on Oct. 12, JUDGMENT FINAL and EFFECTIVE to the date of interim suspension 2006. Gist: Failure to act with reasonable on Nov. 17, 2006. Gist: Neglected legal (March 23, 2004) ordered by the court diligence; failure to communicate with a matters; converted to his own use client on Sept. 1, 2006. JUDGMENT FINAL client; failure to return unearned fees; and third-party funds; engaging in con- and EFFECTIVE on Sept. 16, 2006. Gist: failure to safe keep property; failure to duct involving dishonesty, fraud, deceit Failure to competently discharge his fi- return client file upon termination of rep- or misrepresentation; failure to act with duciary obligations as trustee; engage- resentation; failure to cooperate with the reasonable diligence and promptness in ment in a scheme intended to frustrate the Office of Disciplinary Counsel in its in- representing a client; failure to commu- beneficiary’s attempts to remove him as vestigation; committing a criminal act nicate with his clients; failure to refund trustee; and intentionally used his legal especially one that reflects adversely on an unearned fee; failure to return a client’s skills to the disadvantage of a mentally- the lawyer’s honesty, trustworthiness or file; obligation upon termination of the disabled client by engaging in question- fitness as a lawyer in other respects; and representation; commission of a criminal able transactions with him. engaging in conduct involving dishon- act reflecting adversely on the lawyer’s Donita Brooks Collins, Marrero, esty, fraud, deceit or misrepresentation. honesty, trustworthiness or fitness as a (2006-B-2356) Consent public repri- James A. Norris, Jr., West Monroe, lawyer; and failure to cooperate with the mand ordered by the court on Nov. 3, (2006-B-0671) Permanent disbarment Office of Disciplinary Counsel in its in- vestigations.
Admonitions (private sanctions, CHRISTOVICH & KEARNEY, LLP often with notice to complainants, etc.) issued since the last report of misconduct involving: Counsel and Advice in Defense Of Ethics Complaints and Charges No. of Violations
Failure to keep safe the property E. Phelps Gay of a client or third party ...... 2 Kevin R. Tully Failure to promptly resolve a fee dispute ...... 1 (504)561-5700 601 Poydras Street, Suite 2300 TOTAL INDIVIDUALS New Orleans, LA 70130 ADMONISHED ...... 2
384 February / March 2007 CLASSIFIED Review past ads at www.lsba.org/publications
ton. Practice areas include: commercial CLASSIFIED NOTICES POSITIONS OFFERED real estate, commercial leasing, mari- Standard classified advertising in our regu- time, insurance coverage, medical mal- lar typeface and format may now be placed Shuart & Associates, Legal Search and practice, commercial litigation, products in the Louisiana Bar Journal and on the liability, labor and employment, bank- LSBA Web site, LSBA.org/classifieds. All Staffing, is the leader in legal search and requests for classified notices must be sub- strategic placement of attorneys at all ruptcy, and oil and gas. All inquiries will mitted in writing and are subject to approval. levels throughout Louisiana and the be handled with the utmost of confiden- Copy must be typewritten and payment must Southeast. With 20 years invested in de- tiality. All résumés should be e-mailed to accompany request. Our low rates for place- [email protected]. You may also ment in both are as follows: veloping relationships with legal com- munity leaders, and knowing firm cul- contact Michelle Voorhies Bech, Esq., or Jenny P. Chunn with Legal & Profes- RATES tures and current hot practice areas, Shuart has gained trust and respect as sional Search Group, L.L.C., Ste. 304, CLASSIFIED ADS “Louisiana’s Leader in Legal.” Last year, 757 St. Charles Ave., New Orleans, LA Contact Krystal Bellanger at our accomplishments included 33 lateral 70130, telephone (504)525-9003, fax (504)619-0131 or (800)421-LSBA, ext. 131. attorney placements, the successful ne- (504)522-6226. Non-members of LSBA gotiation of two practice groups into other firms, and three in-house searches on New Orleans AV-rated litigation firm $85 per insertion of 50 words or less seeks an attorney with at least two years’ $1 per each additional word behalf of local corporations resulting in $20 for Classy-Box number three placements. We also provide top experience in insurance coverage, top caliber legal support staff candidates for third of law school class. Send résumé to: Members of the LSBA both direct hire and contract/temporary Hiring Partner, Degan, Blanchard & $60 per insertion for 50 words or less placement. All inquiries are held in the Nash, Ste. 2600, 400 Poydras St., New $1 per each additional word Orleans, LA 70130. No additional charge for Classy-Box number strictest of confidence. Shuart & Associ- ates, Legal Search & Staffing, Ste. 1910, Screens: $25 650 Poydras, New Orleans, LA 70130; New Orleans AV-rated litigation firm Headings: $15 initial headings/large type (504)836-7595; www.shuart.com; info@ seeks an attorney with at least two years’ shuart.com. experience in insurance defense and ca- BOXED ADS sualty litigation, top third of law school Boxed ads must be submitted camera ready class. Send résumé to: Hiring Partner, by the advertiser. The ads should be boxed Attorney Positions Degan, Blanchard & Nash, Ste. 2600, and 2¼" by 2" high. The boxed ads are $70 Confidentiality Guaranteed per insertion and must be paid at the time of 400 Poydras St., New Orleans, LA 70130. placement. No discounts apply. Immediate openings for attorneys with two-plus years of experience in Lafayette, DEADLINE New Orleans, Baton Rouge and Hous- Continued next page For the June issue of the Journal, all classified notices must be received with payment by April 18, 2007. Check and ad copy should be sent to: LOUISIANA BAR JOURNAL FORENSIC DOCUMENT Classified Notices EXAMINER 601 St. Charles Avenue New Orleans, LA 70130 ROBERT G. FOLEY Handwriting • Typewriting • Copies RESPONSES Ink/Paper Analysis & Dating To respond to a box number, please address your envelope to: Certified & Court Qualified in Journal Classy Box No. ______Federal, State, Municipal & c/o Louisiana State Bar Association Military Courts since 1972 601 St. Charles Avenue New Orleans, LA 70130 Phone: (318) 322-0661 www.robertgfoley.com
Louisiana Bar Journal Vol. 54, No. 5 385 New Orleans AV-rated litigation firm 83, New Orleans, LA 70163, or by e-mail Lafayette defense firm seeks full-time seeks an attorney with at least two years’ to sis0771@ bellsouth.net. associate attorney with three to five years experience in workers’ compensation of experience in admiralty/maritime and defense, top third of law school class. Expanding law firm with national prac- insurance defense. Strong academic cre- Send résumé to: Hiring Partner, Degan, tice seeks lateral/partner with trans busi- dentials and writing skills required. Sal- Blanchard & Nash, Ste. 2600, 400 ness. Louisiana, Texas or Mississippi ary will be competitive and will depend Poydras St., New Orleans, LA 70130. locations available. Excellent growth on experience and qualifications. Please opportunity. Great benefits and salary. send résumé in confidence to Mahtook & New Orleans plaintiff Mid-City law firm Send résumé to R.B. Evanick, #200, 400 Lafleur, Associate Attorney Position, seeks hardworking associate with two to Lafayette St., New Orleans, LA 70130. P.O. Box 3089, Lafayette, LA 70502. five years’ litigation and trial experi- ence; plaintiff or defense okay. Must Expanding law firm with national prac- Part-time (20 hours per week) attorney have strong research and writing skills. tice seeks two- to five-year associate. with at least two years’ experience for Some experience with medical malprac- Applicant needs strong academic writing hourly contract position assisting a solo tice cases preferred. Excellent salary, and litigation experience. Louisiana, practitioner in a plaintiff personal injury benefits and working conditions. E-mail Texas or Mississippi license a plus. Top practice in CBD New Orleans, assisting résumé and writing sample to one-third of class preferred. Great ben- with memoranda, briefs, discovery re- [email protected]. efits and salary. Send résumé to R.B. sponses and some client management. Evanick, #200, 400 Lafayette St., New Submit résumé and writing sample in Growing, respected Lafayette litiga- Orleans, LA 70130. confidence to C-Box 214. tion defense firm seeking attorney with three-plus years of experience. Busy prac- Attorney position. Personal injury de- Small New Orleans firm seeks associ- tice, pleasant work environment and op- fense. Experience preferred. Contact ate attorney to handle insurance defense portunity for immediate hands-on litiga- Henry LeBas, LeBas Law Offices, and personal injury matter. Litigation tion experience. The position requires A.P.L.C., Ste. 600, 201 Rue Iberville, experience preferred. Interested appli- strong academic credentials and excel- Lafayette, LA 70508, (337)236-5500. cants should send résumé by fax to lent writing skills. Competitive compen- (504)525-1909 or via e-mail to sation and benefits. E-mail résumé and AV-rated CBD law firm is looking for [email protected]. writing sample in confidence to a litigator with a minimum of two years’ [email protected]. experience to join our team. Please send McGlinchey Stafford, P.L.L.C., is look- résumé and references to HR@ ing for an associate attorney with three to New Orleans AV-rated plaintiff firm seeks millinglaw.com. six years of experience for the commer- an associate with five or more years of cial litigation section of the firm’s New experience in personal injury litigation, Roy, Kiesel, Keegan & DeNicola, P.L.C., Orleans office. Excellent academic record including medical malpractice. The posi- an AV-rated, mid-sized firm, seeks asso- is required. Top 15 percent, Law Review tion requires strong academic credentials ciate with at least two years’ experience and Moot Court are preferred. Please and excellent writing skills. Competitive for its business practice. Competitive direct all inquiries to Erin Watson, 643 compensation and benefits with bonuses. salary and benefits. Please send confi- Magazine St., New Orleans, LA 70130 Send résumé and writing sample in confi- dential inquiries to P.O. Box 15928, Ba- or e-mail to [email protected]. dence to Recruiting Coordinator, P.O. Box ton Rouge, LA 70809. SERVICES MISSISSIPPI ATTORNEY CAREY R. VARNADO Texas attorney, LSU Law 1985. Admit- Tulane Law 1976 ted in Louisiana and Texas. I am avail- Selected to “Best Lawyers in America” able to attend hearings, conduct deposi- tions, act as local counsel and accept Available for case referrals and referrals for general civil litigation in the to attend depositions and hearings Houston area. Contact Manfred Sternberg, Jr. at (713)622-4300. Post Office Drawer 1975 Hattiesburg, MS 39403 (601) 544-1234 [email protected]
386 February / March 2007 Former federal court law clerk. More Alfred L. Hansen has applied for read- than 30 years’ experience, civil practice NOTICE mission to the Louisiana State Bar Asso- and brief writing, before Louisiana state ciation. File any opposition or concur- and all federal courts, including U.S. Curklin Atkins is submitting a petition rence to his readmission with the Louisi- Supreme Court. More than 15 years’ and application for reinstatement. You ana Attorney Disciplinary Board, Ste. experience in insurance policy interpre- have 30 days to raise objections to or 310, 2800 Veterans Memorial Blvd., tation. Proficient in both electronic and support the petition by contacting: Loui- Metairie, LA 70002, within the next 30 manual research. Available for research siana Attorney Disciplinary Board, Ste. days. and/or writing. Can work within time 310, 2800 Veterans Memorial Blvd., constraints. Mail, fax or e-mail delivery. Metairie, LA 70002; phone (504)834- A fresh mind frequently brings fresh ideas. 1488; fax (504)834-1449. Contact Wayne Scheuermann, (504)737- 4175, or e-mail: WScheuerma@ bellsouth.net.
Briefs/Legal Research/Analysis INDEX TO ADVERTISERS of Unusual or Problem Cases ABA Retirement Funds ...... 314 Honors graduate of top 10 law school, lead counsel on numerous reported cases, ADR inc./Thomas Keasler Foutz ...... 372 federal judicial clerk, 20 years’ litigation ADR inc...... 365 experience, creative legal thinker, refer- Alston Law Firm, L.L.C...... 383 ences on request. Catherine Leary, Artzat Consulting ...... 371 (504)436-9648. Bourgeois Bennett ...... 357 Experienced attorney, Louisiana, Mis- Cardone Law Firm, A.P.L.C...... 363 sissippi Bars, litigation, insurance de- Christovich & Kearney, L.L.P...... 384 fense, risk management, contracts, con- Kay E. Donnelly & Associates ...... 351 struction, maritime, corporate, compli- ance, seeks part-time or contract position DV Consulting Co., L.L.C...... 388 in New Orleans, Northshore, Mississippi Robert G. Foley ...... 385 Gulf Coast. Résumé upon request. Send Gilsbar, Inc...... IBC inquiries to C-Box 213. LaPorte, Sehrt, Romig, Hand ...... 315 Lee A. Archer, Esq. Superior appellate Legal Directories Publishing Co...... 323 briefs, comprehensive legal research, Legier & Materne ...... IFC statewide service. Assisting Louisiana LexisNexis ...... 310 attorneys since 1992. Call (337)474- MAPS, Inc...... 362 4712, e-mail [email protected], or visit www.leeaarcher.com. Schafer Group, Ltd...... 369 Mary Ann Sherry ...... 385 FOR SALE OR LEASE Smith & Fawer, L.L.P...... 334 The Law Office of Kevin Stockstill ...... 315 Tired of commuting? Extra-large Template, Inc...... 309 Covington home blocks away from the Texas Corp. Supplies ...... 386 St. Tammany Parish courthouse. 2,708 Carey R. Varnado ...... 386 square feet, four bedrooms, 2.5 baths. West, A Thomson Business ...... 313, OBC Totally renovated, has wood floors, gran- ite countertops, large enough for extended Law Office of Julie Brown White, L.L.C...... 382 family. For sale or lease (six months available). For more information, call Laurie Nicholson, (985)373-1103.
Louisiana Bar Journal Vol. 54, No. 5 387 NEWS FRANCOPHONE. . . LOCAL BARS . . . LBF
Under the guidance of the court’s Fred J. Cassibry (1918-96) was ap- UPDATE Technology Committee, chaired by Jus- pointed for life by President Lyndon B. tice Kimball, the Web stream (broadcast Johnson to serve as a federal judge for the in real time) is one of several technology U.S. District Court, Eastern District of Supreme Court Streaming improvements the court has made re- Louisiana, in 1966, where he served for Oral Arguments Live cently, aimed at making the court’s work more than 20 years. Via Web Site more accessible to the public and easier to understand. The court’s Web site also Holliday Sworn In as The Louisiana Supreme Court has includes a list serve for e-mailing news Immigration Judge begun broadcasting its oral arguments and opinion releases. live on the Internet through the court’s Carey R. Holliday, a member of the Web site. The live stream of the oral Supreme Court Dedicates Louisiana State Bar Association, was arguments can be accessed by clicking Cassibry Square sworn in as an immigration judge for the on the icon on the court’s Web site, Miami Immigration Court in October www.lasc.org. A dedication ceremony honoring de- 2006. Oral arguments are scheduled every ceased U.S. District Court Judge Fred J. He was appointed as an immigration six weeks. The last session was mid- Cassibry was held in November 2006 at the judge in May 2006. He received his JD January. Usually, there are two sessions Louisiana Supreme Court, establishing the degree in 1977 from Louisiana State of arguments each day, beginning at 9:30 square city block on which the court’s University Paul M. Hebert Law Center. a.m. and again at 2 p.m. building sits as Judge Fred J. Cassibry From 1992-2006, he served as a senior “The court owes a debt of gratitude Square. The naming of Cassibry Square litigator with the Louisiana Department to Justice Kitty Kimball for her was in accordance with Act 708 passed in of Justice. Prior to this position, he was a leadership in several recent technological 1999 by the Louisiana Legislature. staff attorney for the Louisiana Senate, in advancements made by the Supreme Louisiana Supreme Court Chief Justice private practice for 10 years and general Court, most notably our ability to now Pascal F. Calogero, Jr. said the Supreme counsel in the Louisiana Department of make our oral arguments available to Court, in accordance with Act 708, com- Insurance. anyone who wishes to watch them from missioned the construction of two memo- wherever a computer with Internet access rial plaques to be prominently placed on the Adams and Reese Breaks Firm is located, whether at home, an office or a square at Royal and St. Louis streets and Record for Secret Santa public library,” said Louisiana Supreme Chartres and Conti streets in the French Court Chief Justice Pascal F. Calogero, Jr. Quarter in New Orleans. Participation Since the inception of the Louisiana State Bar Association’s (LSBA) Secret Santa program 10 years ago, attorneys and staff at Adams and Reese have ral- lied together to provide needy children and teens with hope and happiness through holiday giving. Each year, the firm adopts more children than the year before, and this year members of the firm adopted a record-breaking 100 children and raised more than $2,500. Members of the firm donated everything from bi-
Continued on page 390
388 February / March 2007 Marquis de Lafayette to be Fêted The success of the colonists in the American Revolution by LSBA Francophone Section confirmed Lafayette’s ardor for democracy. At the National Assembly formed before the start of the French Revolution, By Marie Breaux Lafayette proposed the now famous Declaration of the Rights Secretary, of Man — instantly recognizable to Americans as our own LSBA Francophone Section Declaration of Independence and Bill of Rights folded into a single document. Appointed by the revolutionaries to head the National Guard, Lafayette escorted the King and Queen In 2007, the world celebrates the 250th anniversary of the from Versailles to Paris for imprisonment in 1789. birth of Marie Joseph Paul Yves Roche Gilbert du Motier, Lafayette would not long remain in the ranks of revolu- Marquis de Lafayette — hero of the American Revolution tionary leaders. He staked out a centrist position in favor of and an enduring icon of liberty and freedom. The Louisiana a constitutional monarchy and against the more radical State Bar Association (LSBA) will join these celebrations elements of the revolution. In 1792, not long before the start through activities organized by a special Ad Hoc Committee of the Terror, Lafayette was stripped of his military com- and the Francophone Section. mand. Sensing danger, he escaped into Belgium only to be This spring, the Francophone Section will host a short captured and imprisoned by Austria’s Hapsburg monarchs. program on the afternoon of April 27 at the United States While France’s revolutionaries considered Lafayette a threat Courthouse in Lafayette. This program will be followed by for being too moderate, Europe’s monarchs considered him a reception in honor of the Bâtonnier of the Ordre d’avocats a threat for being too radical. (Bar Association) of Versailles, France. In ceremonies held The Founding Fathers of the United States — Washing- in both France and Louisiana in 2006, the Versailles Bar ton, Jefferson, Adams, Franklin — all feared their participa- “twinned” with the LSBA, the Francophone Section and the tion in the American Revolution would cause the loss of their Lafayette Parish Bar Association. In the fall of 2007, the liberty and property. They escaped this fate, but Lafayette Francophone Section will return to France for CLE and further lived their nightmare. The French revolutionaries took his joint programs in honor of the Marquis de Lafayette with the property. The Austrians took his freedom. Despite pleas Paris and Versailles bar associations, as well as a visit to the from the British Parliament, George Washington and other Champagne region hosted by the Association France-Louisiane. world leaders, Austria held Lafayette prisoner for five years. This is not the first time the Louisiana Bar will participate In one of history’s ironies, Lafayette was finally freed by in official celebrations in honor of Lafayette. The premiere Napoleon, the traitor of the democratic ideals of the Revolu- event took place in New Orleans on April 12, 1825, when the tion. The release of Lafayette was one of the terms of the Bar entertained the Marquis during his celebratory tour of Treaty of Campo Formio signed in October 1797 following the country he helped bring into being. Lafayette faced Austria’s defeat earlier that year. Throughout Napoleon’s delegations of dignitaries and feasts in his honor seemingly reign, Lafayette kept up his advocacy for the ideals of every waking minute of the six days he spent in the city, democracy and freedom. He carried on active correspon- including one “grand supper” described as having more than dence with leading revolutionaries throughout the world and 800 guests in attendance. advocated for the end of slavery. Although the event is not confirmed by the official, Lafayette participated in his third and final revolution in publicized schedule, the descendents of voodoo priestess, 1830 — this one again overthrowing the Bourbons, who had Marie Laveau, claim Lafayette visited her at some point been restored to the throne after Napoleon’s defeat at Water- during his stay in New Orleans. A call upon Laveau or any loo. In the “July Revolution” of 1830, Louis-Phillipe, the duc African-American citizen would be in character for this man d’Orléans, was elected as a constitutional monarch. This who fought for liberty his entire life and specifically included the “citizen king” quickly grew disdainful of his constitutional abolition of slavery as part of that mission. During his celebratory restraints, and Lafayette did not live to see true republican tour of the United States, Lafayette insisted on meeting with government restored in France. He died on May 20, 1834, in Native Americans and African-Americans, and, while in Loui- Paris and was buried along with soil he had brought back siana, received a delegation of “free men of color” who had from America. fought with Andrew Jackson at the Battle of New Orleans. In 2002, Lafayette became only the sixth person ever Best known in this country as the youngest American named an honorary citizen of the United States, joining general ever and as one of the authors of the defeat of Winston Churchill, Mother Teresa, Raoul Wallenberg, and Cornwallis at Yorktown, Lafayette’s life was, if anything, William Penn and his wife, Hannah. The authorizing legisla- even more dramatic after his return to Europe at the end of tion notes Lafayette “gave aid to the United States in her time hostilities between the colonies and Great Britain: He had of need and is forever a symbol of freedom.” two more revolutions in front of him.
Louisiana Bar Journal Vol. 54, No. 5 389 The Pro Bono Project Ali Adams, Tad Bartlett, Shauna Recognizes 2006 Volunteers Dermody, Tracey Flemings, Marion Floyd, Tom Gottsegen, Marian The Pro Bono Project (New Orleans) Harrison, Jessica Hayes, Katie Lasky, recently recognized its volunteers for James Maguire and Cindy Petry; and donating several pro bono hours in 2006. Anthony Barash and Gloria Jacobs, The volunteer recognition event in out-of-state. December 2006 was paired with a CLE 2006 Pro Bono Law Firm — Kilpatrick seminar on “Professionalism in the Stockton (out-of-state). Courtroom by Attorneys and Judges,” 2006 Law School — University of with speaker Judge Leon A. Cannizarro. North Carolina (out-of-state). The honorees included out-of-state 2006 Pro Bono Corporate Partner — volunteers and firms and a student. Courtroom Graphics, Inc. Among the honorees were: 2006 Friend of Pro Bono — Minne- sota State Bar Association (out-of- 2006 Distinguished Service Awards — Bill Cherbonnier, Katie Lasky and state). For 10 years, the Louisiana State Bar Cindy Petry; and James Baillie and Association’s Secret Santa Project has been Elizabeth Royal (out-of-state). Law League Sets Plans part of Adams and Reese’s HUGS program. 2006 Distinguished Jurist — Hon. for Coming Year Senior partner in charge, Mark Surprenant, Madeleine Landrieu. founded HUGS in 1988. Donating 100-plus hours in 2006 — “Recover, Rebuild, Renew” is the un- Thomas Beh, Bill Cherbonnier, Shera official motto of the Law League of Loui- cycles to board games to crayons and Finn, Charles Long and Mark siana for 2007, said President Barbara coats. Suprenant; James Baillie and Eliza- Dallam. As such, the organization is an- “The generosity of our attorneys and beth Royal, both out-of-state; and stu- ticipating a busy year. staff never ceases to amaze me,” said dent volunteers Jennifer Bonesteel, Philanthropic projects this year will Robert Vosbein, partner in charge of the Alex Chasick, Andrew Cowan, Sarah include supporting CASA (Court Ap- corporate volunteer program HUGS Dwyer-Heidkamp and Mark Fridman. pointed Special Advocates) for abused (Hope, Understanding, Giving and Sup- Donating 50-plus hours in 2006 — and neglected children; participating in port). “Despite the many hardships that many of our members still face post- Katrina, they still want to give and have made this project a priority amidst their very hectic holiday season.” Adams and Reese “wrapped” up the Secret Santa project with its annual pizza/ gift-wrapping party. This year, more than 1,200 children and teens received holiday gifts through the LSBA Secret Santa program. Outside of the New Orleans office, several of the firm’s other offices partici- pate in similar holiday gift-giving projects. The HUGS program was de- signed to foster the spirit of giving among the Adams and Reese attorneys and staff. Adams and Reese is a recipient of the Excellence in Corporate Volunteerism Award by the Points of Light Founda- tion. The New Orleans office also was named “Corporate Philanthropist of the The Pro Bono Project (New Orleans) recently recognized its volunteers for donating several pro bono hours in 2006. Hon. Jay C. Zainey, far right, presented the awards. Award recipients Year” for 2005 by the Greater New Or- attending the reception were, from left, Project Director Rachel Piercey, Mark Surprenant, leans Association of Fundraising Profes- Holly Martin, Marion Floyd, Cindy Petry, Judge Madeleine Landrieu, Charles Long, Ali sionals. Adams, William Cherbonnier, Elizabeth Royal, Tad Bartlett and Katherine Lasky.
390 February / March 2007 the Louisiana State Bar Association’s Secret Santa Project; participating in Law Week activities in May, including serv- ing meals at several homeless missions and presenting “Goldilocks and the Three Bears” videos to elementary students; and organizing “Dress for Success,” a program for obtaining suitable clothes for women who want to turn their lives around in the working world. The Law League will present its an- nual awards at its installation luncheon in May, including Law School Merit Awards to law students for the most improved grade point averages; the Law-Related Education Teacher of the Year Award sponsored by attorney Mettery Sherry; The 2006-07 Law League of Louisiana officers are, from left, Jean Russo, corresponding secretary; Edie Villarrubia, president-elect; Barbara Dallam, president; Patti Lee, recording and the Caillouet Award to an individual or secretary; and Stephanie Levenson, treasurer and immediate past president. group whose activities further the ideals of the Law League. Also at the luncheon, 2007-08 officers and board members will be installed, and past presidents will be honored in this 25th anniversary year.
Loyola Law Professor Receives Award from Stanford Law School
William P. Quigley, the Janet Mary Riley Distinguished Professor of Law and the director of the Loyola Law Clinic and the Gillis Long Poverty Law Center at Loyola University College The Law League of Louisiana recently presented a contribution to the Friends of CASA of Law, was honored (Court Appointed Special Advocates). From left, Kathy Cheramie, CASA advocate; Law League Treasurer Stephanie Levenson; and Jeannette Hew from Friends of CASA. with the first National Public Ser- William P. Quigley vice Award from work on behalf of more than 4,000 low- agencies. He also is currently counsel on Stanford Law School’s new Center for income, New Orleans tenants who were numerous other legal cases challenging Public Service and Public Interest Law. displaced after Hurricane Katrina. FEMA procedures and supporting the The award is designated for an attorney Directly after Katrina devastated New voting rights of those displaced by whose work on behalf of the public has Orleans, Quigley volunteered in hurricanes. made a national impact and will be given hospitals, then relocated to Houston Quigley received the 2006 Camille annually to individuals who exemplify a where he created a Katrina Relief Center. Gravel Civil Pro Bono Award from the commitment to public service, provide He has continued helping Katrina victims Federal Bar Association, New Orleans models of practice that are interesting and by serving as co-counsel in a case Chapter. He also has been an active innovative, and have made a specific representing more than 4,000 low- volunteer lawyer with School of the contribution for that year to the public income tenants who were displaced and Americas Watch and the Institute for interest legal field. who still have not been allowed to re- Justice and Democracy in Haiti. Quigley received the award for his enter their housing by HUD and local
Louisiana Bar Journal Vol. 54, No. 5 391 LOCAL & SPECIALTY BARS Greater Covington Bar Association
Lafayette Parish Bar Installs Officers and Board Members
Richard Becker was installed as the new president of the Lafayette Parish Bar Association at the annual banquet in November 2006. Also installed as offic- ers were President-Elect Miles Matt, Secretary/Treasurer Rebekah Huggins and Immediate Past President Kenny Oliver. Serving as 2006-07 board members are Larry Curtis, Susan Daigle, Blake David, James Doherty III, Andre Doguet, Dave Ernest, John Grant, James Hollier, Thomas Juneau, Sr., Judith Kennedy, Gary Kraus, Elena Arcos Pecoraro, Tricia Roy K. Burns, Jr., left, 2007 president of the Greater Covington Bar Association, Pierre, Sachida Raman, Maggie Simar, presented a plaque of appreciation to 2006 President Susan B. Williams. Kevin Stockstill and Charles Ziegler.
Above left, New Lafayette Parish Bar Association officers are, from left, Immediate Past President Kenny Oliver, President-Elect Miles Matt, Secretary/Treasurer Rebekah Huggins and President Richard Becker. Above right, New Lafayette Parish Bar Association board members are, front row from left, Tricia Pierre, Gary Kraus, Dave Ernest, Maggie Simar, Rebekah Huggins, Miles Matt, Larry Curtis and Lafayette Parish Bar Association Immediate Past President Kenny Oliver. Back row from left, Charles Ziegler, Sachida Raman, James Doherty III, Elena Arcos Pecoraro, Andre Doguet and John Grant. Not in photo, Susan Daigle, Blake David, James Hollier, Thomas Juneau, Sr., Judith Kennedy and Kevin Stockstill.
Right, Several Lafayette Parish Bar Association members received awards for their past service to the association. From left, Glenn Armentor; Joe Giglio, Jr.; Kenny Oliver, Lafayette Parish Bar Association immediate past president; James Diaz; and Richard Becker, Lafayette Parish Bar Association president.
392 February / March 2007 Davis Receives State University Paul M. Hebert Law Shreveport Bar’s 2006 Center, attaining membership in the Or- der of the Coif. He was admitted to prac- Professionalism Award tice in 1976. He is a member of the Shreve- port, Louisiana and American bar associa- Attorney and former Sen. Jackson B. tions, the Louisiana Association of De- Davis is the recipient of the 2006 Shreve- fense Counsel, the National Association of port Bar Association’s Professionalism Criminal Defense Lawyers, the Criminal Award. Defense Bar of Louisiana and the Criminal This award was established in 1999 to Defense Bar of Northwest Louisiana. honor those members of the Shreveport Serving with Stroud on the 2007 SBA Bar Association who best exemplify the Executive Council are John M. Frazier, high ideals and standards set forth by the immediate past president; John T. Cox, Louisiana State Bar Association’s Code U.S. Attorney William Flanagan presented Jr., president-elect; Zelda Tucker, vice of Professionalism, as well as the the 2006 Shreveport Bar Association president; Rebecca L. Castillo, secre- aspirational goals for attorney conduct Professionalism Award to his father-in-law, tary-treasurer; Brian Barber, secretary- adopted by the Shreveport Bar Associa- attorney and former Louisiana state Sen. treasurer-elect; Julia E. Blewer, Billy J. Jackson B. Davis. tion. Guin, Jr., Shannan Hicks and Bernard S. Davis attended Louisiana College, Johnson, members at large; Judge Jeanette Northwestern State College and ulti- Stroud is 2007 Shreveport G. Garrett, judicial liaison; Allison D. mately Louisiana State University, where Bar Association President Bushnell, president of the Young Lawyers he received BA, MA and law degrees. He Section; Jeanne O. Liles, president of the practiced law in Jena, La., for a few Ansel M. (Marty) Stroud III, a mem- Women’s Section; and Deryl Medlin, cap- months following his graduation from ber of the Shreveport law firm of Tutt, tain of the Krewe of Justinian. law school in 1940. In August 1941, he Stroud & McKay, is the 2007 president was commissioned as an ensign in the of the Shreveport Bar Association (SBA). United States Navy Reserve and was Shreveport Bar Recognition He also served as SBA vice president in Ceremony Honors Deceased immediately ordered to active duty in the 2005 and president-elect in 2006. Intelligence Office at Pearl Harbor, ar- Stroud attended undergraduate school and New Attorneys riving there on Sept. 7, 1941, just three at Saint Louis University in St. Louis, months before it was bombed by the Mo., graduating magna cum laude. He Attorneys, judges and family mem- Japanese on Dec. 7. received his law degree from Louisiana bers paid tribute to four deceased mem- During the war, Davis worked in the bers of the legal profession at the Shreve- radio section of U.S. Naval Intelligence. port Bar Association-sponsored (SBA) This section was devoted to Japanese Memorial and Recognition Ceremony in traffic analysis, directional finding and November 2006. First Judicial District the breaking of various Japanese naval Court Judge Charles R. Scott presided codes. They ultimately did break the over the ceremony and SBA Memorial codes, which resulted in the tremendous and Recognition Chair Larry Pettiette U.S. victory at the Battle of Midway, a served as master of ceremonies and de- turning point in the war in the Pacific. livered the general eulogy. After he was released from naval ser- Deceased members being honored vices, as a lieutenant commander, he and their eulogy presenters were Gregory established a law office in Shreveport Lee Kelley, eulogy presented by Leslie and has continually practiced law in W. Kelly; Michel Antoine Maroun, Shreveport since that time. In 1956, he eulogy presented by Daryl Gold; William was elected to the Louisiana Senate, serv- Harvey Parker, eulogy presented by Jack ing in that capacity for 24 years until his R. Brown; and Judge Oscar Ewing (O.E.) retirement in 1980. During his years as a Price, eulogy presented by Judge Monty senator, he was instrumental in getting M. Wyche. legislation passed to establish LSU- Following memorial honors, Allison Shreveport and was well-known for his 2006 Shreveport Bar Association President Bushnell, president-elect of the SBA positions promoting responsible and hon- John Frazier, left, and 2007 Shreveport Bar Young Lawyers Section introduced 25 est government. President Marty Stroud. new attorneys to the court: Casey
Louisiana Bar Journal Vol. 54, No. 5 393 Bloxom, Christopher Broughton, Danielle N. Brown, Ree J. Casey, Magan F. Causey, Angela Claxton, Kellie Curry, Jerry Edwards, Krystil A. Garrett, Darius Q. Henderson, Daven M. Hill, T. Issac Howell, R. Bennett Langford III, Kathryn Maxwell, Kathleen McCoy, Adrienne Mouton, Julianna Petchak Parks, Santi Parks, Margaret Patton, Scott Patton, Heather Ray, Kodie Smith, Karelia R. Stewart, Amanda Waddell and Fiona C. York.
LOUISIANA BAR FOUNDATION
LBF Participates in Fundraiser, Names Two Appointments
The Louisiana Bar Foundation (LBF) participated in the Baton Rouge Bar Scott Wolf, left, chair of the 2007 Shreveport Bar Association (SBA) Memorial and Recognition Association’s (BRBA) annual “Belly Up Ceremony, SBA Young Lawyers Section President-Elect Allison Bushnell and Justinian with the Bar” in October 2006. LBF Captain Deryl Medlin show off the 2007 Krewe of Justinian poster at the new attorney happy hour co-sponsored by the YLS Section and Krewe of Justinian. AmeriCorps attorneys, Kathleen McNelis and Susan Saba, dished out salsa, guacamole and margaritas on the rocks. “It was a great opportunity to introduce ourselves to the legal community while helping the BRBA raise money for their youth education programs,” McNelis said. Coordinators of one of LBF’s newest pro- grams, Pro Bono Legal Corps Law Stu- dents in Action, McNelis and Saba encour- age law students to consider public interest law as a career and match law students with clients in need-based communities. In another event, LBF President John (Jock) Scott spoke to the members of the Southwest Louisiana Bar Association at their annual membership luncheon in October 2006. Scott discussed the Foundation’s three new initiatives: a Community Partnership Panel for each major region of Louisiana; the Building Capital Development Grants Program; and About 100 of Shreveport-Bossier City’s top legal minds, judges and attorneys alike, gathered the Public Interest Attorney Loan Repay- in November 2006 to honor their peers who have served in various branches of the military. ment Assistance Program. For more infor- The event was sponsored by the Shreveport Bar Association’s Military Affairs Committee. mation on these programs, go to Master of ceremonies was Charles (Bill) Kelly, a Shreveport city judge and colonel in the www.raisingthebar.org or contact Donna Army Reserve. Guest speaker was Lt. Col. Scott Adams, commander of the Shreveport- C. Cuneo at the LBF office, (504)561- based 1/108th Calvary Squadron. Participating, from left, Sgt. Maj. (Ret.) Charles Grubb, Lt. Col. (Ret.) Elton B. Richey, Military Affairs Chair Judge Bill Kelly, Lt Col. Scott Adams, 1046 or [email protected]. Col. (Ret.) W. James Hill III, Col. (Ret.) Homer T. (Ted) Cox and Maj. (Ret.) Daniel C. Lance Arnold, chair of the broadcast Scarborough IV.
394 February / March 2007 journalism program at Nicholls State University, was appointed the LBF 2006- 08 Scholar-in-Residence. Arnold’s topic will focus on the impact of Hurricanes Katrina and Rita on the legal system and the response of lawyers and courts to the challenge of providing legal services in the wake of the hurricanes. Beth E. Abramson, an associate with McGlinchey Stafford, has been contracted by the LBF to collect, analyze and report on data from the Call Center and Louisiana legal service agencies providing services to hurricane victims. Once analyzed, a report will be developed that discusses the legal issues faced by Louisiana’s displaced citizens. The Louisiana Bar Foundation’s President’s Dinner was held in October 2006. Attending This information will be used to help the were, front row from left, Garland R. Rolling, 1998-2000; Hon. James C. Gulotta; Donna D. state address systemic legal issues. Fraiche, 2005-06; and Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr. Back row from left, Marcel Garsaud, Jr., 1991-93; Suzanne M. Jones, 2000-02; Harry S. Hardin III, LBF Seeking Nominations 2002-03; John W. (Jock) Scott, 2006-07; David F. Bienvenu, 2004-05; Elwood F. Cahill, vice president, 2006-07. for Boisfontaine Award
The Louisiana Bar Foundation (LBF) Bertrand Artigues ...... New Orleans able for $259 a night for both Thursday is seeking nominations for the 2007 Curtis J. Roslyn Lemmon ...... New Orleans and Friday. Reservations must be made R. Boisfontaine Trial Advocacy Award. Wendy Hickok Robinson New Orleans by March 21 to get this discounted rate. Nominations must be received in the Kelly Scalise ...... New Orleans Call the hotel directly at (800)241-3333 LBF office by Monday, April 2. The Paul H. Spaht ...... Baton Rouge and reference the Louisiana Bar Founda- award will be presented at the Louisiana tion to make the reservation. State Bar Association’s 66th Annual LBF’s 21st Annual Fellows Sponsorships are available at the fol- Meeting in Sandestin, Fla. The recipient Gala Set for April 20 lowing levels: will receive a plaque, and $1,000 will be Cornerstone Level: $2,500 donated in the recipient’s name to a non- The Louisiana Bar Foundation (LBF) Includes patron party sponsorship, 10 profit, law-related program or associa- will hold its 21st annual Fellows Gala on patron party tickets, 20 dinner tickets, tion of the recipient’s choice. Friday, April 20. Celebrating Louisiana’s program recognition and two reserved Nominations should include recovery in progress, the theme of the tables with recognition. nominee’s name, contact information, a gala is “Louisiana, There’s No Place Capital Level: $1,500 brief written statement on the background Like Home.” Special guests of honor will Includes 10 patron party and dinner of the nominee, as well as reasons why be the LBF’s 2006 Distinguished Jurist tickets, program recognition and one re- the nominee is proposed as the award Justice Catherine D. (Kitty) Kimball, served table with recognition. recipient. Nominations should be for- Distinguished Attorney Wayne J. Lee Pillar Level: $1,200 warded to Donna C. Cuneo, Executive and Distinguished Professor Katherine Includes six patron party and dinner Director, Louisiana Bar Foundation, 601 Shaw Spaht. tickets and program recognition. St. Charles Ave., 3rd Flr., New Orleans, This event will be held at the Ritz- Foundation Level: $375 LA 70130, or to donna@raising Carlton New Orleans. Cocktails, in con- Includes two patron party and dinner thebar.org. junction with a silent auction, begin at tickets and program recognition. 6:30 p.m. celebrating the Fellows class Individual tickets to the dinner are LBF Welcomes New Fellows of 2006 and the 20-year Fellows. Dinner $150 per person. and presentations will follow at 7:30 p.m. Reservations can be made by credit The Louisiana Bar Foundation A patron party will be held the evening card at www.raisingthebar.org. welcomes the following new Fellows: before, Thursday, April 19, at the home For more information, contact Laura of Frances and Calvin Fayard. Sewell at (504)561-1046 or laura@ Beth Abramson ...... New Orleans Rooms at the Ritz-Carlton are avail- raisingthebar.org.
Louisiana Bar Journal Vol. 54, No. 5 395 Lucid INTERVALS By Vincent P. Fornias FLYING SOLO
admit it. In addition to being the jinx of all supermarket and Throw confetti into the air, yelling, “It’s over! It’s finally bank lines, I am further cursed with the affliction of Airline over!!” Seat Nut Magnetism. Hopefully it’s an “opposites attract” WWCTD (What Would Carrot Top Do?) Ikind of deal. All I know is that on any business trip I will invariably find myself seated next to something out of the post office bulletin board or Jerry Springer Show. I once had some- Next Issue: Dealing with Those Pesky FAA Marshals one squat down next to me and proceed to chug-a-lug an entire gallon of milk. Without a napkin. Perhaps I simply cause these types of reactions. But I am hereby drawing the line in the sand. Determined to take this no more, I have devised a fool- proof list of tactful and subtle means to discourage future air- borne undesirables. Timing is ev- erything. The trick is to resort to these just as the nut du jour ap- proaches up the aisle, attempting dastardly eye contact with you: Pick a bodily orifice. Any orifice. Spread those sticky rat-catch- ing cards on the floor and the empty seat next to you. Don your trusty Saints Dome Patrol helmet, the one with the bookend tallboy holders and the IV tube running di- rectly into your mouth. If he/she/it inquires if the seat next to you is taken, answer solemnly but matter-of- factly, “Only by our Lord.” Coat the adjoining seat in Visqueen. Grab your trusty foreign lan- guage newspaper and start chanting something unintel- ligible, like the Federal Rules of Civil Procedure. Point a can of Kool-Whip at he/she/it. Commence doing your best rendition of the frug and/or the hully gully.
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